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(영문) 광주지방법원 장흥지원 2013.04.25 2013고정4
상해
Text

Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Punishment of the crime

(B) At around 14:30 on May 27, 2012, the Defendant, within the “F” located in the Namnam Navy E, Namnam-gun, and, as to the relation between the Defendant and the victim A (n's, 70 years old), spite the victim’s face in the victim’s face, and spling the victim’s head, and spling the victim’s head, with both hand, spling the victim’s booms into the victim’s face, and then spling the victim’s booms into the victim’s b4 days of hospital treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to A, G, H, and I;

1. Application of Acts and subordinate statutes to a report on investigation (related to attachment of a medical certificate by A);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. Around May 27, 2012, the Defendant: (a) around 14:30 on May 27, 2012, the summary of the facts charged against B (the age of 61) spits the Defendant’s face, spits the brine in the Defendant’s face, and spits the Defendant’s brine with bomb and head seed, thereby committing an injury to B, such as thrhee, requiring approximately two weeks of treatment by satising B’s head and satching B.

2. Determination

A. It is common that it is difficult to view the act of attack and defense as "political act" or "self-defense" or "self-defense" by putting only one of the acts of the parties in the nature of both sides, which are the act of attack and defense, even if the act of attack and defense were conducted simultaneously between the two parties.

However, even if the outer fighting is viewed as one of the fightings, in fact one of the parties unilaterally commits an illegal attack, and the other party exercises tangible power as a means of resistance to protect himself from such attack and escape it.

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