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(영문) 창원지방법원 2014.12.17 2014고단1591
상해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a cosmetic worker.

1. 피고인은 2014. 5. 17. 18:20경 창원시 성산구 C빌딩 앞길에서 경쟁업소를 운영하는 피해자 D(31세)와 홍보 전단지 문제로 말다툼을 벌이다가 피해자가 “개새끼야, 니가 전단지 뗐나 ”라고 고함을 지르는 것에 화가 나 피해자의 목을 손으로 수회 밀치고, 피해자의 다리를 걷어차 넘어뜨려 피해자에게 약 10일간의 치료를 요하는 두피타박상 등을 가하였다.

2. On May 18, 2014, the Defendant, at the above place on May 18, 2014, brought about a dispute over the victim's face as a matter of public relations with the victim at the same time, and went beyond the victim's face when drinking. After drinking and sprinking the victim's face, the Defendant got about 11, 12, and 12, which require four weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning the suspect examination protocol of the defendant;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. The defense counsel's defense counsel's assertion on the pertinent legal provisions of criminal facts and Article 257 (1) of the Criminal Act regarding the defendant's assertion that the defendant's act constitutes self-defense and thus, the illegality of the defendant's act constitutes self-defense. In relation to the charges of injury on May 17, 2014, the defendant's defense counsel asserted that the defendant's defect, who intends to cause the defendant to go against the defendant, was destroyed by a screen receiver, and the result of the victim's injury occurred during that process.

However, in light of all circumstances such as the process, progress, purpose, means, and degree of violence, the defense counsel's above assertion is not acceptable, since the defendant's act constitutes self-defense under the Criminal Act.

The reason for sentencing.

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