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(영문) 수원지방법원 2013.04.24 2012고단4434
상해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 00:30 on August 16, 2012, the Defendant: (a) brought a way on the street in the front of the “Dda” population C, namely, on the ground that the victim E (the 19-year-old age) was smoking a cigarette and cut in bad condition; (b) the victim stated that the victim “I sees tobacco to be slided or cut down,” and that “I am the back of the victim’s head at one time on the hand floor; (d) the victim’s face part was 4 times in drinking; and (e) the victim’s body part was kne and knee, and caused the victim’s injury, such as alke and so on, requiring treatment for about 49 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

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

1. The defendant argues that the illegality is excluded since the pertinent provision of the relevant criminal facts and the defendant's assertion on the defendant's assertion of imprisonment under Article 257 (1) of the Criminal Act committed an assault against the victim in order to defend the victim's unfair attack.

According to the evidence, the defendant used violence first, such as when the defendant took back the victim's back on his hand. In light of the circumstance and contents leading up to the above harmful act, the degree of injury of the victim, the situation at the time, etc., it cannot be viewed as a simple defense against the attack of the victim, or a legitimate act that does not violate the social rules.

The defendant's above assertion is not accepted.

The defendant has no record of criminal punishment heavier than a fine.

However, even before the instant case, the Defendant was sentenced to a fine or was subject to a disposition not having the right of prosecution by mutual consent with the other party due to the following: (a) if there was a minor vision with a person who may know at all prior to the instant case, assault or injury without attending it was frequent.

The victim of this case is the victim.

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