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(영문) 인천지방법원 2015.04.23 2014고단9330
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

The defendant is the chairperson of the Nam-gu Incheon Metropolitan Council for Senior Citizens, and the victim D (the age of 78) is the chairperson of the Nam-gu Incheon Metropolitan Association for Senior Citizens, and the chairperson of the Nam-gu Incheon Association for Senior Citizens including the defendant and the victim has been traveling to the South Island in the south-gu Incheon Metropolitan City on June 13, 2014.

The Defendant, at around 15:00 on the day on which the instant tourist bus came back to a remote stop, and the victim, who was dissatisfied with the president F of another senior citizens’ conference, was satisf, sounded as “packer, satch,” and satisfing the victim’s satch with satch, satching over the victim’s satch, satching the victim’s satch, and satfing the victim’s satching over the bus’s floor by re-satisfing the victim’s satch, which requires approximately 8 weeks of medical treatment.

Summary of Evidence

1. Each legal statement of witness D, G, H, I, and J;

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

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

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

1. The Defendant and his defense counsel on the assertion of self-defense under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. Even if the Defendant acknowledged the fact that the victim was satisfed as stated in the facts charged, the Defendant’s act was committed during the process of satching the victim, and thus, illegal constitutes self-defense. However, in light of all circumstances such as the process of occurrence, progress, degree of violence, etc. of this case, the Defendant’s act cannot be deemed as constituting self-defense

The reason for sentencing was that the victim had been treated before the occurrence of the instant case due to the patriarchic patriarchic patriarche, etc., and such patriarchic patriarche seems to have influenced the occurrence and expansion of the injury, and that it is the first offender, etc., as shown in the Disposition.

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