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(영문) 부산지방법원 2014.12.11 2014고정262
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 04:40 on September 7, 2013, the Defendant, at the main point of “D” located in the Dong-gu Busan Metropolitan City, committed assault against the victim E (the age of 39) and alcohol, who are members of the early axis club in Busan Metropolitan City, to smoke. On the ground that he was satching and satching in front of the main place, and was satching and sating, on the ground that he was satching in front of the main place, and sat down, he sawd the victim, and satdddd the plastic satd in the next package thereof, on the ground that he was satching and sating.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. The defendant and his defense counsel asserted that Article 59(1) of the Criminal Code of the Suspension of Sentence (the defendant does not have any previous error with the defendant, and the defendant was injured by the victim, and the motive and circumstance of the crime) of the Criminal Code (the defendant and his defense counsel asserted that the defendant's act of defense was only passive during the course of assaulting from the victim, and that it constitutes self-defense or legitimate act.

However, according to the evidence of the judgment, it is difficult to recognize the fact that the defendant raised plastics to the victim as stated in the judgment as the intention of attack, and it is difficult to view it as a legitimate act or self-defense. Thus, we cannot accept the above argument of the defendant and his

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