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(영문) 청주지방법원 제천지원 2018.01.25 2017고정88
폭행치상등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 5, 2017, the Defendant: (a) requested the victim C (48 tax), D (54 years old), etc. to go from the valley, on the ground that the victim C (48 years old), etc. was shot in the valley grain at a gold-si, Geumcheon-si, Sacheon-si, and that it was water used for village drinking water at that place; (b) the victim was rejected; (c) the victim C expressed his desire to “B and this ki; (d)”; and (d) the victim C was fluored with a lower part of the victim C’s chest on his hand; and (e) the victim D was fluored with the victim’s chest on his/her own hand, and caused the victim D to go beyond the floor, and caused the victim to go against the left part of the bridge at that place; and (e) the victim was fluened with the victim’s bridge, and (e) the victim was fluened with the left part of the bridge at that place.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made with respect to C and D;

1. Reporting on the occurrence and autopsy of a case;

1. A written diagnosis for injury (E hospital);

1. The application of Acts and subordinate statutes to photographs of the damaged parts of the victim DNA taken when making a report on the records of the victim's statement;

1. Relevant Article 260(1) of the Criminal Act (the point of violence) and Articles 262, 260(1), 257(1) of the Criminal Act (the point of injury caused by violence) and the selection of fines for the crime;

1. The provision of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be aggravated for concurrent crimes with severe violence) of the said Act;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Determination as to the assertion regarding the crime of assault against the victim C

A. The summary of the argument is that the victim C contains water that is used as potable water in the village, and the defendant committed an act as stated in the facts constituting a crime in the process of preventing the defendant from doing so, which constitutes a justifiable act that does not violate the social rules and regulations.

B. The judgment defendant is the vegetation of the village.

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