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(영문) 서울서부지방법원 2019.06.14 2018고정1094
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 16, 2018, the Defendant injured the victim C (year 66) on the front side of Mapo-gu Seoul, Seoul, on the road, on the ground that the victim C (year 66) did not move to a place where the Defendant was her maturity on the day, and caused bodily injury, such as flabing flab, etc. of the victim by hand, for approximately two weeks of treatment, such as flabing flab, etc. of the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. Each investigation report (Submission of a written diagnosis of injury by a complainant, and hearing of witness D telephone statements);

1. The Defendant and the Defendant’s act constituted self-defense against the victim’s assault (the Defendant and the defense counsel’s act constituted self-defense against the victim’s assault. However, according to the evidence duly admitted and investigated by the court, the Defendant and the victim acknowledged that the Defendant inflicted bodily injury on the victim as stated in the facts constituting a crime committed in the judgment, and it is difficult to view that the Defendant’s act constituted self-defense to defend the victim’s unjust attack. The above assertion by the Defendant and the defense counsel cannot be accepted).

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

1. A fine of 700,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1114, Jan. 1, 2011>

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