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(영문) 창원지방법원 2015.06.24 2015고정490
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant, around 19:20 on January 14, 2015, is driving a car seed in B at the livestock cooperative parking lot located in the Seo-dong, Seo-gu, Kimhae-si.

During the victim's 42-year-old driving of the victim C (the 42-year-old driver) in a situation leading to the contact between Dpoter cargo vehicles and the parallel traffic, the victim saw him/her as her booms the victim's breath because he/she was able to do so, and she was faced with the victim's arms and breath, and the head was faced with the victim's hair and breath, thereby causing about 14-day medical treatment of the victim.

(1) The Defendant asserted that the Defendant’s act against the victim is merely a passive defensive act, and thus constitutes self-defense or legitimate act. However, according to the evidence duly examined and adopted by this court, the Defendant’s exercise of force against the victim is not limited to a simple defensive act to defend an unjust attack, but also has the nature of an attack. Thus, the Defendant’s above assertion cannot be accepted).

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

3. Article 334 (1) of the Criminal Procedure Act.

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