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(영문) 수원지방법원 평택지원 2015.02.26 2014고정584
상해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 10:00 on June 19, 2014, the Defendant, at the D factory office located in Ansan-si C, became a member of the company on June 17, 2014 and did not work without any justifiable reason following the following day, and the victim E (30 years of age, female) was involved in a dispute with each other, and the Defendant, as a result of the dispute with each other, was shaking the victim's head head debt by double hand, and caused the victim's injury to the victim, such as catum, tensions, tensions, etc. which require approximately two weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (E);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act are the only passive defense act in the course of unilaterally assaulting from the victim at the time and place in the decision of the Defendant. This is a legitimate act, and the Defendant’s act does not constitute a crime because it constitutes self-defense or legitimate act. However, considering the circumstances acknowledged by the aforementioned evidence, method and means of the Defendant’s crime, the part and degree of the victim’s injury, and the age and body of the victim, the Defendant’s act is merely a passive defense act to escape from the other party’s unfair attack.

Therefore, the above argument cannot be accepted.

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