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(영문) 대구지방법원 2013.06.19 2012고정4157
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant was a person with three main points, and the victim D is a customer with three main points.

On October 27, 2012, at around 04:00, the Defendant inflicted an injury on the number of days of treatment days on the part of the victim, on the ground that the victim was faced with the Defendant’s shoulder while opening a toilet in the first floor of women’s toilet located in Daegu-gu, Daegu-gu, and caused the victim to face with the Defendant’s shoulder while opening a toilet, and the victim complained of the Defendant, and the victim set up against the Defendant, and caused the victim’s right mouth and part of the vessel several times.

Summary of Evidence

1. Examination protocol of police suspect regarding D;

1. The suspect D's body photograph;

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

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. The defendant and his defense counsel asserted that the above act constitutes self-defense or a justifiable act and thus the illegality should be avoided. However, in full view of the type of the act of the crime of this case, it is reasonable to deem that the defendant's act was committed by the intent of attack beyond a simple defense and it cannot be deemed that it constitutes self-defense or a justifiable act. Thus, the defendant and his defense counsel's above assertion cannot be accepted.

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