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(영문) 서울북부지방법원 2018.01.18 2017고정1886
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, who resides in C, prepared a poster to "the problem that does not use the apartment management fee transparently," and attached it on the elevator and entrance, but there was a complaint by removing it at the apartment management office.

On July 5, 2017, at around 11:21, the Defendant: (a) resisted the victim D (65 years) who is an apartment management complaint in the middle-gu Seoul Metropolitan Government apartment management office; and (b) was scambling with the victim as soon as he/she left hand of the victim and was scambling with approximately two weeks of treatment period.

Summary of Evidence

1. Statement made by the police against D;

1. A written diagnosis of injury;

1. Injury photographs;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As a result, the above video CDs were reproduced to determine the defense of a political party under Article 334(1) of the Criminal Procedure Act, and as a result, the Defendant first committed an act, such as: (a) the victim was living together with the victim; (b) the victim was pushed the Defendant in response to this act; and (c) the Defendant was in a situation requiring legitimate defense otherwise.

Therefore, the defendant's legitimate defense cannot be accepted.

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