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(영문) 창원지방법원 2017.07.13 2017고정298
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 21, 2016, at around 17:30, the Defendant requested the Defendant to pay parking fees from the victim F (W, 80 years old) who is the management of the said parking lot on the street of the front E parking lot. However, on the ground that the Defendant’s disregarded the parking lot and reported the vehicle to board the vehicle, and caused the victim’s shoulder by hand, the Defendant turned out the vehicle from the vehicle, and turned the victim’s face, breast part, etc. to the victim’s body.

In the end, the Defendant brought about the following: (a) the head of the family, who is in need of approximately 2 weeks of treatment, was in a way of gambling

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F’s legal statement (as to the Defendant’s act, content of damage, the fear and response of the victim, and the situation before and after the commission of the crime) is consistent and concrete.

The contents of statements are inconsistent with other evidence.

Unlike the circumstances where false information on the victim's statement is not visible, and credibility is recognized in light of the attitude of the victim's statement in this court

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant's action is a passive resistance act to escape from the victim's tangible power, which is socially reasonable, or is a legitimate act, and does not constitute an offense by blocking illegality as a legitimate act.

2. Considering the circumstances indicated in the records, such as the background of the instant case, the response of the Defendant, and the degree of physical fighting, the aforementioned assertion by the Defendant and the defense counsel is not acceptable, since the instant crime is deemed a justifiable act with social reasonableness, or not contrary to social rules, etc.

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