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(영문) 인천지방법원 2016.06.02 2015고정3617
상해
Text

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

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

Reasons

Punishment of the crime

On September 26, 2015, around 10:10 on September 26, 2015, the Defendant, at the first floor of D's house, the father in Dong-gu Incheon Metropolitan City, brought about a dispute over the victim E (47 years old), property problems, and the falking of the victim, who was living together, brought about the victim's neck with his left hand, brought about about the victim's neck, and brought about about about the victim's neck at five times on the right side of the victim's right side with his left hand, and had about two weeks of face, which requires the victim's treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to damaged photographs (18th, 19th);

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. Article 334(1) of the Criminal Procedure Act regarding the assertion of the defendant and his/her defense counsel, and the defendant and his/her defense counsel for the reason of sentencing, since the victim first gets the defendant's fingers, they merely contacted the victim's face or part of the victim in the process of spreading the victim's fingers. Thus, the victim suffered an injury during this process.

This article argues to the effect that this constitutes a legitimate defense or legitimate act.

However, according to the above evidence, the defendant's act cannot be deemed as satisfying the requirements for legitimate defense or legitimate act, and the above assertion by the defendant and the defense counsel cannot be accepted in light of the following: (a) the defendant's act cannot be deemed as satisfying the requirements for legitimate defense or legitimate act in light of the circumstance of the occurrence of the case, method and degree of injury, and circumstances before and after the crime of this case

However, the defendant seems to have committed the crime of this case contingently with the victim who is living together, and the defendant also suffered bodily injury that requires three-day medical treatment during the process of dispute with the victim, the victim does not want to punish the defendant, the defendant does not have any criminal record for the same kind of crime, and the defendant's age, environment, sex, and so on.

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