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(영문) 수원지방법원 안산지원 2016.06.09 2016고정597
상해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 18, 2016, when lighting around 17:30 on February 18, 2016, the Defendant, in front of C Apartment 112, and in front of C Apartment 112, he did not receive the duplicate of newspaper articles from the residents, and the victim D, a resident of the same apartment, who was in front of the location, did not receive it, and rather, he gets a mutual vision and takes a common bath.

The Defendant, depending on why the victimized person would be hump to the Defendant, and caused the victim to go beyond the floor by drinking once a drinking part of the victim’s face, and caused the victim to suffer approximately three weeks of care, such as an open knee, salted knee, and a shoulder shume of a shoulder.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article 257(1) of the Criminal Code of the pertinent legal provision on criminal facts [The defendant and his/her defense counsel asserts that the defendant's act constitutes legitimate defense and thus, it is not guilty.

In order to constitute a legitimate defense, the act of defense must be socially reasonable, taking into comprehensive account various specific circumstances, such as the type, degree, method, and level of infringement of legal interests by the act of infringement, and the kind and degree of legal interests to be infringed by the act of defense (see Supreme Court Decision 2007Do1794, Apr. 26, 2007, etc.). Taking full account of the circumstances revealed in the records of this case, the defendant’s act cannot be deemed to constitute a legitimate defense, and thus, the defendant and the defense counsel’s assertion cannot be accepted).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;

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