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(영문) 서울중앙지방법원 2016.08.31 2016고정1418
상해
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

The defendant is a person who serves as a nurse.

On February 4, 2016, the Defendant: (a) around 00:54, on the ground that D Public Notice No. D, located in Jung-gu Seoul, Jung-gu, Seoul, said D Public Notice No. 39 years of age, “I would like to go beyond the water of the first floor toilet”; (b) the Defendant told the victim “I would come to go so, I would am now. I would see the victim’s bridge, so I would like to go up with the victim’s bridge. I would like to make the victim unfold for about 20 minutes of the treatment days, and caused the victim to be frighted into the right knee and the right bow.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Photographss of parts of the victim's self-injury E;

1. A report on internal investigation (on-site search and internal investigation by reference witnesses);

1. Application of Acts and subordinate statutes to photographs on the face of the victim's challenge;

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act claiming that the defendant's act at the time constitutes a legitimate act or a legitimate defense, since the defendant's act at the time constitutes a passive defense against E's assault.

However, in light of the fact that there is a person who has a disability in a hand and bridge, and the third party at the time at the scene can be confirmed with the face of the defendant E in the photo of the scene, it cannot be deemed that the defendant's act was merely passive defensive act.

The defendant and defense counsel are without merit.

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