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(영문) 대구지방법원 2018.01.11 2017고정1152
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 15, 2017, the Defendant: (a) while operating a vehicle on the front of a D cafeteria located in Daegu-gu, Daegu-gu, about 13:15, the Defendant: (b) brought the horn rapidly in the direction of the victim E(44) vehicle; (c) in relation to the Defendant’s breathing of the horn, the Defendant: (d) caused the Defendant’s breath to the Defendant’s breath while taking a bath to the victim; and (d) caused the Defendant’s breath to the Defendant’s breath of breath, and caused the Defendant’s injury, such as the victim’s b

Summary of Evidence

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to investigation report [Attachment of a photograph of the victim of violence against suspect E];

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant and his defense counsel’s assertion regarding the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

Even if this act is a passive resistance, it is argued that it is a legitimate act or is not a crime by excluding illegality as a legitimate defense.

In light of the evidence duly adopted and examined by this Court, the defendant can recognize the fact that the defendant saw the other party's bat with the victim, and at the time, the defendant was removed from the damaged party with the bat, or actively asserted the bat at the time without avoiding the bat, and "the shape of the bat in large amount" has been applied to the victim.

Ga. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L., the above act by the defendant cannot be viewed as an act by passive resistance or defense intention, and it cannot be viewed as a legitimate act or a legitimate defense.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

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