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(영문) 수원지방법원 2013.05.02 2012고정3056
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 7, 2011, the Defendant talked about the employment issue of the victim C (the 57 years of age, female, 28 years of age, and female) who was the former wife in front of the sick point in Masung-si, and the victim D (the 28 years of age,) who was his/her dependent, and the Defendant prevented the victim C from doing so. In the process, the Defendant took the victim C’s timber as his/her hand, took the victim C’s right hand, and suffered the victim C from the fright and the tension of the bones that requires medical treatment for 14 days, while the victim D continued to suffer from the injury of the victim D, such as double frying, which requires medical treatment for 7 days.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of photographs, and written diagnosis of injury;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant’s assertion as to the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act alleged that the crime of this case constitutes a justifiable act committed at the level of self-defense against C’s harmful act or discipline against D, and thus, does not constitute a crime. However, in light of the background of the crime of this case and the content and method of harmful act, etc. acknowledged by the evidence mentioned above, the Defendant’s above act cannot be deemed as an act with considerable reason to defend the Defendant’s legal interests and interests, or an act that does not go against the social rules. Thus, the above assertion is rejected.

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