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(영문) 청주지방법원 충주지원 2015.11.25 2015고정115
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

The defendant shall engage in landscaping business.

At around 20:20 on March 21, 2015, the Defendant inflicted an injury on the number of days of treatment, such as the victim E (the 50 years of age and South) under the influence of alcohol within the “D party hall” located in Chungcheong City C, by putting the victim’s breath in the left hand, and destroying the victim’s breath in the face of the breath, and making the victim her face with the right hand enter the right hand in three times, thereby getting the victim free from suffering from the treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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

1. The Defendant and the defense counsel asserts that the instant crime constitutes self-defense or excessive defense in the course of preventing and avoiding the Defendant from committing the instant crime by using the Defendant’s oral documentary force and doing so. As such, the Defendant and the defense counsel asserts to the effect that the instant crime constitutes self-defense or excessive defense.

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the court, the act committed in the instant case, the form of the act, and the victim’s injury, it is reasonable to view that the act recorded in the facts constituting the Defendant’s crime is not limited to a simple defensive act to defend an unfair attack, but also has the nature of the act of attack. Thus, it cannot be viewed as self-defense or excessive defense.

Therefore, the defendant and his defense counsel cannot be accepted.

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