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(영문) 부산지방법원 2016.04.07 2015고정4314
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 7, 2015, the Defendant stated that the victim D (61) who was a security guard who was working at the Busan-gu Busan-gu Busan-do Office of Guard attached a 103 Dong guard with a flusium to the flusium on the ground that the flusium was put by the flusor in a vehicle parked by the flusor. However, the Defendant flusored the victim by taking the blusor, taking the flusor, taking the flusor's face into consideration,

As a result, the Defendant inflicted injury on the victim, such as brain-dead, cryp, and tension in need of medical treatment for about three weeks.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statements made by witnesses D in the second public trial records;

1. A written diagnosis of injury;

1. Application of ct-V photographs Acts and subordinate statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the Aggravated Punishment Order for Provisional Payment Order asserts that although the defendant was paid one time by the victim to avoid or avoid the victim's assault, he/she does not cause an injury by taking the victim's face in drinking, and that the defendant's act constitutes a legitimate defense or legitimate act.

However, according to the evidence adopted earlier, the defendant can sufficiently recognize the defendant's face with the victim's face as stated in the facts charged, such as the victim's face, and hard to view such defendant's act as a legitimate defense or a legitimate act. Thus, the above assertion by the defendant and the defense counsel cannot be accepted.

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