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(영문) 제주지방법원 2016.09.02 2016고단1244
상해등
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

1. On January 18, 2015, at the Defendant’s house located in Jeju City, around 15:30, the injured Defendant inflicted injury on the victim D(60 years of age) such as fating fat, pating fating fat, fating the Defendant’s face, and against the Defendant’s face fating fats by drinking fat, against the victim’s fating fat, and drinking fat at one time on the victim’s face.

2. Around February 19, 2015, the Defendant injured the victim’s face at the above Defendant’s house: (a) opened an entrance in which the said victim was not corrected; and (b) reported the new outbreak to the room; and (c) made an assault against the victim’s face at a time against the victim’s face in drinking and drinking; (d) on the part of the victim’s fright to the right bridge, the victim’s faces injury by assaulting the victim, i.e., cutting off the victim’s face, etc.; and (e) cutting over the victim’s fright to the right bridge, etc., for about six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution concerning D;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting the crime: Articles 257 (1) (the point of injury), 262 and 260 (1) (the point of injury resulting from violence) of the Criminal Act, and the choice of each fine;

1. Concurrent crimes: the former part of Article 37, Article 38 (1) and (2), and Article 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: Determination on the assertion of excessive self-defense or excessive defense under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted to the effect that each of the acts of the defendant in this case was aimed at defending the victim from unlawful assault, and thus, it constitutes legitimate self-defense or excessive defense, and thus, there is a ground to deny illegality.

2. In order to establish self-defense as stipulated in Article 21 of the Criminal Act, the type, degree, and method of infringement of legal interests by the act of infringement, and the completion of the act of infringement and the act of defense.

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