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(영문) 서울북부지방법원 2016.06.02 2016고정224
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

On August 12, 2015, at around 04:05, the Defendant reported noise activities of the victim D (65) to the police in his/her own corridor located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, on the ground that the Defendant reported noise activities of the victim D (65) to the police, and caused cerebral transfusion in the front part of the part of the victim's right side of the body, i.e., the head of the victim was 1-2 times at the corner of large trees and the victim was pushed up, and the head of the victim was faced with the floor.

Accordingly, the defendant inflicted an injury upon the victim who could not know the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. The written statement of the defendant;

1. Report of investigation (Attachment to photographs used by the suspect when assaulting him/her) and application of Acts and subordinate statutes to report of investigation (the investigation outside a hospital for treatment of the suspect);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

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/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's act of assertion is justified because the victim's act first fell into the defense of a political party because it was designed to tear the shock net installed in the defendant's front door, and protect the defendant by knife the knife, so it constitutes a legitimate defense.

2. In light of the motive and background leading up to the instant case, the situation at the time of the act, the degree and method of the Defendant’s assault committed by the injured party, the degree and method of the Defendant’s assault committed by the injured party, and the injured party’s part and degree of the injury, etc., even if the injured party first got the Defendant in a mountain sculic, it is reasonable to view that the Defendant’s act is both an act of attack and an act of attack. Thus, it does not constitute legitimate defense.

Therefore, the above argument is without merit.

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