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(영문) 수원지방법원 여주지원 2013.07.22 2013고정138
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 20:20 on August 8, 2012, the Defendant, at the end of the house E located in Gyeonggi-si, brought a dispute over the victim F and Si expenses, and caused the victim’s head debt to be shakend and the victim’s head debt was shouldered, thereby shouldering about three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. On-site photographs and photographs of injuries;

1. Investigation report (case concerning submission of medical certificates by the F of a suspect);

1. Investigation report (Submission of suspect's statement of confirmation and medical expenses);

1. Investigative report (Submission of suspect F Assaults and photographs);

1. Determination as to the CD Defendant and defense counsel’s assertion

1. The so-called “self-defense” refers to excessive self-defense even if the Defendant is either self-defense or not, since the Defendant’s shouldering of the victim’s shoulder is to protect the victim by asking the Defendant’s cell phone, first of all, by asking the Defendant’s hand and fingers.

2. The acts of attack and defense have been conducted throughout the course of ordinary acts of attack and defense, and the two areas of attack, which are both acts of attack and defense. Thus, even if they appear to be fighting one another, in fact, one party unilaterally commits an illegal attack, and the other party exercised tangible power as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as where one party unilaterally commits an attack and the other party exercised such power as a means of resistance to escape from such attack, it cannot be said that only one party’s acts constitute legitimate acts of attack or self-defense.

(see, e.g., Supreme Court Decision 201Do13927, Dec. 8, 2011). In the instant case, the Defendant committed assault, i.e., the victim F, by reporting and interesting that the victim F was in line with E, by reporting that the victim F was in line with E.

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