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(영문) 인천지방법원 2013.10.25 2013고정2698
상해
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a person who operates a book, who is unaware of the victim C.

At around 12:30 on April 1, 2013, the Defendant suffered bodily injury that requires medical treatment for 14 days, such as fat, fat, fat, etc., of the victim, while disputing the problem of parking with the victim in front of the Ethical world in Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (28 pages of investigation records);

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

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

1. The defendant and his defense counsel asserts that the defendant's act constitutes self-defense, since the defendant's act constitutes passive harmful act in the course of resisting the victim's exercise of force against the victim's unjust tangible power.

However, in light of the circumstances and contents of the crime of this case acknowledged by the evidence of this case, the act of the defendant as stated in the crime of this case does not constitute legitimate self-defense as an act with a reasonable aim to defend the present unfair infringement.

As such, the above argument of the defendant and his defense counsel is rejected.

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