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(영문) 서울중앙지방법원 2017.02.01 2016고정3409
상해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 6, 2016: (a) around 03:18, the Defendant injured the victim D (at the age of 22) and the driver’s practice, etc. on the street in front of Gwanak-gu, Seoul Special Metropolitan City, on the ground that the signal of the crosswalk was crossed to change, and thus, the traffic accident was obvious, and the Defendant inflicted an injury on the victim’s chin and tension that requires medical treatment for about 14 days when the victim’s chins are drinking.

2. The Defendant committed assaulting the victim E(24) face while drinking for the same reason at the time, time, place, etc. set forth in paragraph 1, followed by using the victim F(49)’s face to drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D, and F;

1. A written diagnosis of injury;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant asserts that his act constitutes a legitimate defense, since he did not stand against a group assault, as the defendant's legitimate defense assertion of the defendant under Article 186 (1) of the Criminal Procedure Act, is against his own act.

However, according to the evidence of the judgment, a person with physical strength in the defendant appears to be G, and the victims rather take the attitude of trying to fighting, and there was a collective assault like the defendant's assertion.

shall not be deemed to exist.

In addition, even if the defendant's act was committed against violence as argued by the defendant, in light of the circumstances and attitudes of the crime recognized through evidence, the defendant's crime of assault is committed during fighting and has the nature of the act of attack at the same time as the act of attack. Therefore, it cannot be viewed as a legitimate defense.

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