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(영문) 서울동부지방법원 2018.01.12 2017고정875
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

At around 16:35 on November 25, 2016, the Defendant: (a) explained that a new medical prescription should be issued to a member E (n, 56 years old) of the above member’s nursing private person E (n, 56 years old) who was placed on the reception counter on the receipt counter for the reason that he or she had to receive a new medical treatment; (b) continued to put the victim’s head head in his hand; (c) knife bome spathy spathy spathy spath and spathy spathy spathy, etc., of the above member’s nursing victim E (n, e.g., female, 56 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A trace of the assault of the victim;

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

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. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is alleged to the effect that the defendant was put on the floor of the joint cremation site at the time, and that the defendant's act was to defend the victim's secret-to-face and constitutes a legitimate defense. However, according to the evidence duly adopted and investigated by the court below, the defendant's act was committed to defend the defendant's unfair infringement in light of the circumstances acknowledged by the above evidence, circumstances at the time of the crime, the defendant's act was committed to defend the present unfair infringement.

It is difficult to view the above argument, and we cannot accept it.

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