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(영문) 대전지방법원 2018.05.11 2018고정115
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 22, 2017, the Defendant: (a) around 06:40, on the front road of Sejong Special Self-Governing City B, and (b) on the part of the victim C (67 years old) who took a bath and breathing, caused an injury to the victim, such as subleting the victim’s breath with his left hand, and cutting down the victim’s breath with his breath hand, resulting in an injury to the victim, such as cutting down the upper part of the upper part of the upper part of the water that requires approximately six weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. A written diagnosis of injury;

1. The photograph related to the case, the ctv video data taken at the time, and the cctv video images taken;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. The defendant and his defense counsel asserts that the defendant's act of defense or legitimate act of defense of a political party under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order constitutes a legitimate defense or a legitimate act by putting and pushing the victim's balp to defending the victim's attack.

Although preparing a letter to the effect that the Defendant and the injured person would not hold a civil or criminal responsibility before fighting (Evidence No. 18,31 of the evidence record), considering the extent of the Defendant’s assault and the degree of the injured person’s injury recognized by the evidence above, etc., the Defendant’s act does not constitute a legitimate defense or legitimate act.

Therefore, the defendant's assertion is not accepted.

Considerations, such as the fact that the extent of assault by the defendant for the reason of sentencing is not severe, that the injury of the victim was incurred in the course of exceeding the victim, and that the defendant and the injured person agreed not to hold a civil criminal liability before fighting.

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