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(영문) 대구지방법원 김천지원 2016.11.01 2016고정496
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 10:00 on January 25, 2016, the Defendant was found to verify whether the victim D (54 years of age) filed a complaint with the prosecutor's office as a crime of defamation against himself/herself in front of the Crogate of Kimcheon-si, Kimcheon-si, and the victim D (54 years of age) was found in order to verify whether he/she was accused of defamation against himself/herself, but there was a dispute, such as flaging E's head debt by left hand, which is not so notified by E, and the victim's flakeed 10 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of suspect suspect regarding D by the prosecution;

1. Police investigation report (in relation to a case, attaching a photograph of the case and a site photograph submitted by a suspect E);

1. A written diagnosis of injury;

1. Determination as to the defendant's assertion of accusation and photograph

1. The Defendant asserts that the fact that he was aware of the victim’s timber is recognized, but this constitutes self-defense or legitimate act as an act to seek the Defendant’s wife.

2. In light of the evidence in the judgment below, the defendant's act does not meet the balance of legal interests between the protection benefit and the infringement benefit, and it is difficult to view it as a legitimate act that does not violate self-defense or social rules, and thus does not constitute a legitimate act that does not violate self-defense or social rules. In light of the degree and method of violence that the defendant used against the victim, and the degree and degree of injury to the victim, etc., the defendant's act does not meet the balance of legal interests, and it is difficult to view it as reasonable in the means and method.

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines.

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