(영문) 부산지방법원 동부지원 2015.05.28 2014고단1951

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(영문) 부산지방법원 동부지원 2015.05.28 2014고단1951

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

At around 22:30 on June 28, 2014, the Defendant: (a) moved back the back and shoulder of the victim on the ground that the victim C(the age of 47) saw the chere to the above chemical part on the ground that the Defendant was chere at around 90, Nam-gu, Busan, Busan, and 25, the Defendant carried the victim’s chest at 10 meters away; (b) carried the victim’s chest at her hand, carried the flick and flick, and carried the victim’s chest at around 3 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A photograph of a CCTV image closure;

1. Application of a medical certificate of injury and Acts and subordinate statutes;

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

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the defendant and his defense counsel's assertion

A. The defendant and his defense counsel asserted that, although the defendant was sealed with the victim's chest and breathed with breath, the victim's rear timber and shoulder were not cut down.

B. The defendant and his defense counsel asserted that the defendant's act of self-defense or legitimate act is an act to escape from the victim's assault, because the defendant pusheds the victim's chest and shoots breath in the process of having a serious violence from the victim.

2. Determination

A. The defendant and his defense counsel No. 1

The victim clearly and specifically stated the defendant's speech, attitude, crime process, etc. at the time of the crime. The victim's attitude of statement and CCTV image photograph are supported by the credibility of the victim's statement.

According to the evidence presented in the summary of the above evidence, including the victim's statement in court, the victim's rear timber and shoulder as stated in the judgment of the defendant.

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