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(영문) 서울중앙지방법원 2016.07.20 2015고단7549
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 14:00 on April 13, 2015, the Defendant: “Around 14:00, at the Jongno-gu Seoul Postal Office, the Defendant tried to conduct a press conference to explain him to the G group, etc., but the Defendant attempted to conduct a press conference, etc., but the number of 50 lightings, including the victim H (the 68 years old), including the victim H, were f8 years old), followed by the victim’s chest and francing the victim’s chest by cutting the victim’s chest over the floor and cutting the victim’s chest over the floor, thereby causing the injury to the victim.

Summary of Evidence

1. Legal statement of the witness H;

1. Entry of the defendant in part in the first trial record;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant's act constitutes a legitimate defense or legitimate act, since the defendant and his defense counsel committed assault, such as the victim's verbal abuse while following the defendant, and the victim's body was pushed down once to defend them.

However, in light of the background and method of the occurrence of the instant case, and the circumstances at the time of the instant crime, the Defendant’s act satisfies the requirements for legitimate defense or legitimate act.

As such, the above assertion by the defendant and his defense counsel cannot be accepted.

The reason for sentencing is that the defendant tried to carry out a press dog before the steering team and moved to another place at the request of the believers, while the injured person was following the defendant while continuing to belbow the defendant, etc., and committed the crime of this case in the course of spreading the belb, etc., by selling the defendant, etc., resulting in any contingency, and the crime of this case was committed.

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