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(영문) 수원지방법원 2019.03.29 2017고정2925
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 08:40 on April 26, 2017, the Defendant, at the Suwon Line B apartment Cdong office, brought a dispute as to correcting the entrance of the apartment management office in the workplace club D (the age of 64) and the entrance of the apartment management office in the work on duty while working at the workplace, and caused the injury to the Defendant, such as the damage of the victim’s sect and the sloping part, which had been seated in the above office by hand, against the spawn, and the spawn, against the spawn and the spawn part of the victim’s chest, which had been pushed down in hand for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E in the third protocol of trial and of witness F in the fourth protocol of trial;

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes (Evidence 69 pages);

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his defense counsel asserted that the victim's act constitutes self-defense inasmuch as the victim's booms the defendant's breath by force, and spawd and pusheds the defendant's breath by hand against it. According to the evidence of the court below, the defendant and the victim at the time of the instant fighting was found to have carried a breath and repeated spathr. According to the above facts, the defendant's act of this case constitutes self-defense since the defendant's act of defense at the same time fell under a positive harmful act beyond the limit of passive act of defense and does not constitute self-defense.]

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