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(영문) 부산지방법원 2019.08.12 2019고정187
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

At around 20:00 on November 27, 2018, the Defendant suffered an injury that could not know the number of days of treatment, such as the victim D (the age of 63) who passed along the path, demanded to pay the premium to the Defendant on behalf of the Defendant, and the dispute is being brought. While the Defendant had a dispute, the Defendant was suffering from an injury that could not know the number of days of treatment, such as flashing the victim’s face, booming the snow materials into the victim’s face, and hacking the victim’s face with the hand hack.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

3. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant does not inflict any bodily injury, such as the wheels of the victim's face.

Even if the defendant used violence against the victim, it is reasonable that the defendant used violence while demanding the victim's insurance premium paid by the victim at the time, and the defendant's act was committed to prevent unjust infringement on his/her body, so the illegality is excluded due to self-defense.

2. In light of the evidence duly adopted and examined by this court, in particular the witness D’s legal statement, the background and degree of the occurrence of the instant case, the parts and degree of the injury inflicted on D, and the circumstances immediately after the instant case, it is difficult to view that D used first to assault the Defendant, as alleged by the Defendant, in light of the following circumstances.

Rather, it seems that the Defendant’s snow booms the face of D containing snow booms in the country.

Therefore, it is difficult to view that the defendant's holding act is an act to defend the current infringement of his or other person's legal interests.

D. Even in the police.

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