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(영문) 대구지방법원 상주지원 2016.01.26 2015고단512
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 17, 2015, the injured Defendant found D farm at around 17:00, and claimed the victim E (the remaining and 52 years old) and the ownership of the above farm land possessed by the Defendant, and took a bath for the Defendant’s her possession, and her hand shaking her blaps, and plucked the victim’s face by plucking, plucking the victim’s hand, and then plucking the victim’s face, the injured Defendant sustained the victim’s 20-day medical treatment.

2. A special intimidation: (a) the Defendant, at the same time and place as above, threatened the victim by putting a pipe for architectural use, which is a dangerous object at which the Defendant was living together, even after assaulting the victim; and (b) putting the victim at the same time and place, thereby threatening the victim.

Accordingly, the defendant carried dangerous objects and expressed his attitude as to what kind of harm to the body of the victim and threatened the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The Defendant alleged that he flabbage was flabed from the injured party, and thus, constitutes a legitimate defense or legitimate act.

2. In full view of the following facts: (a) the Defendant committed the instant crime, which was revealed by the evidence revealed in the judgment; (b) the Defendant committed an act resulting in an attack against the victim beyond a simple means of defense; and (c) the Defendant committed an act resulting in an attack

It is reasonable to see that there is within the scope of passive resistance.

It is difficult to view the defendant's act as a legitimate defense or a legitimate act.

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