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(영문) 서울동부지방법원 2014.04.08 2014고정165
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 14:29 on October 11, 2013, the Defendant, a public official of Grade VII belonging to the Gu office Damo Greenbelt and a public official of Grade VII, received a fluorial civil petition telephone of the victim F (ma, South, 43 years old) in front of the Kaco Center located in Seoul, and confirmed the facts at the site, and then, in the process of the communication on civil petition settlement, the victim gets out of the shoulder and head, and fluoral fluor, followed up about 2 meters after driving the victim's shoulder and head, and fluoral fluoral fluoral fluoral fluor in the course of the conversation on civil petition settlement, and caused the victim's injury to the victim, such as light fluoral fluor, which requires treatment for 14 days.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F, accusation, and police statement of F;

1. A medical certificate of injury and a medical certificate;

1. Application of the ECCTV image CD-related statutes;

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

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

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant and his defense counsel asserted to the effect that F's act constitutes legitimate self-defense or legitimate act, since F's act constitutes a legitimate act by committing an attack, such as gambling on the breast part of his head, while booming the breast part of his head.

However, it is difficult to view the act of attack and defense conducted throughout the course of attack and defense between the persons who conduct the same fighting, and the act of defense at the same time constituted a "self-defense" or a "political act" for the purpose of defense by leaving only one of the acts of the parties concerned. According to the evidence above, the defendant and F committed an attack to the satisfe and the defendant committed an attack to the F's satisf, and the fact that the defendant committed an attack to the F's satfe and pushedly, can be acknowledged.

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