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(영문) 의정부지방법원 2016.06.13 2016고정529
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On October 22, 2015, at around 15:40, the Defendant assaulted the victim’s face in drinking by setting up against the victim’s assault on the front of the D Company located in Chungcheongnam-si, Namyang-si.

Summary of Evidence

1. Each legal statement of E and F;

1. The defendant was not at all at the time when he was the victim, and even if he was at the time when he was the victim.

This argues that it constitutes a legitimate defense.

However, comprehensively taking account of the evidence duly admitted and examined by this court, including the victim’s consistent statement, the facts charged of this case can be sufficiently recognized (the Defendant also made a statement to the effect that the police would have taken the victim’s face at the time of drinking). Moreover, it is difficult to view it as constituting a legitimate defense in light of the situation, degree, frequency, etc. of drinking at the time of drinking or drinking.

Therefore, the defendant's assertion is not accepted.

[Application of Acts and subordinate statutes]

1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

1. A fine not exceeding 200,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 59 (1) of the Criminal Act (the first crime and the circumstances leading to violence, etc.);

1. On October 22, 2015, the Defendant: (a) around 15:40 on October 22, 2015, at the front of the D Company in Namyang-si, the Defendant asserted the victim E’s assault; (b) taken the victim’s face against the victim E; and (c) taken the victim’s face via drinking, the Defendant placed about about two weeks of treatment.

2. Determination

A. In the relevant legal doctrine crime, injury refers to impairing the completeness of the body of a victim or impeding physiological functions. If the body of the victim is extremely minor and so the victim’s wife does not need treatment, and it does not interfere with daily life even if treatment is not received, and if natural treatment is possible after the lapse of the time, the victim’s body is thereby the victim’s body.

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