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(영문) 서울중앙지방법원 2016.05.25 2016고단983
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 1, 2015, the Defendant: (a) got a victim E (67 years old) who was a company partner in Suwon-gu, Suwon-si, Suwon-si, Suwon-si; and (b) was living together with the Defendant on the ground that the Defendant took an examination with the victim E (67 years old).

In the face of TV set off, the victim's right head part of the victim's right head part of the victim's ear, and two fronts of the fluor were faced with the injury that could not be known of the number of treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The defendant's act asserts to the effect that the defendant's act constitutes a legitimate defense under Article 21 of the Criminal Act, since the defendant and his/her defense counsel committed the same act as the stated in the judgment in order to protect the defendant by assaulting the defendant first.

However, there is no evidence to prove that the victim first assaulted the defendant, and in light of the background leading up to the crime, method and degree of the crime, the defendant's act is not merely a defense act for the protection of himself from the other party's illegal attack, but it constitutes an active attack.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

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