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(영문) 춘천지방법원 2017.07.11 2017고정32
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 May 15, 2016, at around 10:43, the Defendant: (a) met the victim D (the 48 years of age) who was a farmer in the dry field located in Yang-gu, Yangwon-gun C; (b) claimed the ownership of the said dry field and disputed with the victim; and (c) brought about a trial run by the Defendant who was parked in the said dry field, for the following reasons: (a) although the victim was unable to attach the Defendant to the driver's seat even; (b) the victim was the victim and the sprink of the sprink that the sprink was cut off, and caused the victim to suffer injury, such as the salt and tension of the front line of the sprink that requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to report internal investigation (on-site and on-site photographs as at the time of mobilization);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 defense counsel under Article 334(1) of the Criminal Procedure Act

1. 주장 요지 피고인은 차문으로 밀어 피해자에게 엉덩방아를 찧게 한 사실이 없고, 차문이 열려 져 있는 상태에서 피해자가 차에 올라 타 출발하지 못하게 하여 실랑이하는 과정에서 피해자를 밀어낸 사실이 있을 뿐이고, 이는 피해 자가 피고인에게 유형력을 행사하여 방어하는 차원에서 한 행위이므로, 정당 방위에 해당한다.

2. Each of the evidence held in the judgment and the following circumstances recognized by the above, namely, the victim opened a vehicle from the time the police called to the site to the time of this court, which was closed as stated in the facts constituting the crime, and made a concrete and consistent statement on the reason of the injury, and the part of the injury in the diagnosis is consistent with the victim’s statement.

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