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(영문) 서울서부지방법원 2011.06.24 2011고정963
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 00:10 on January 16, 201, the Defendant: (a) inflicted injury on the victim D (manam and 34 years of age) in front of Yongsan-gu Seoul Metropolitan Government on the ground that he was selling bedbed at a street store where the Defendant was working; (b) taken the victim’s face as drinking, and (c) taken the victim’s face into consideration for about three weeks, and suffered injury, such as “the shuttle of the bones,” which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts, the choice of punishment, and the selection of fines;

1. The Defendant’s assertion as to the Defendant’s assertion under Articles 70 and 69(2) of the Criminal Act in the Labor House Detention Act refers to the assertion that the Defendant’s act was against the other party’s violence and constitutes self-defense.

In order to establish self-defense, the act of defense must be socially reasonable. In light of the method and degree of the defendant's act of violence, the victim's injury, and the progress of the case, etc., the act of the defendant cannot be considered to be socially reasonable as an act to defend the victim's attack. Thus, the act of the defendant does not constitute

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