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(영문) 서울동부지방법원 2016.09.07 2016고정965
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 1, 2016, at least 22:20 on February 1, 2016, the Defendant: (a) committed violence to the victim E, under the Gangdong-gu Seoul Metropolitan Government, the KRW 14,000 of parking fees in front of the D Parking C and D Parking C; (b) stated, “I amb, I amb, I amb, I amb, I amb. I amb., I amb., I amb., I am amb., I amb., and caused injury to the victim by assaulting the victim for approximately 22 days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Determination as to the assertion that the defendant's act constitutes self-defense to oppose the harmful act of the victim even if there was no fact of assaulting the victim, the court below acknowledged the fact that the defendant suffered an injury in the eye of the victim by exercising his/her tangible force. In light of the circumstance and situation of the assault in this case, the method and degree of assault, and the result thereof, the defendant's act is not merely passive defensive act, but also deemed to have the character as an attack. Thus, it cannot be viewed as self-defense.

1. Article 262 of the Criminal Act and Articles 262 and 260(1) of the Criminal Act concerning criminal facts have been omitted in the applicable provisions of Article 260(1) of the Criminal Act concerning the injury caused by violence while changing the facts charged;

However, if there is any error in writing or omission in the description of applicable provisions of law, the court may apply other provisions of the indictment ex officio and without going through the procedures for modification of the indictment to the extent that the identity of the facts charged is recognized and not substantially disadvantage the defendant's defense.

(See Supreme Court Decision 2015Do12372 Decided November 12, 2015). Articles 257(1) and 257(1) and choice of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Criminal Procedure Act;

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