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(영문) 창원지방법원 2016.09.29 2016고정538
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

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

Reasons

Punishment of the crime

In the indictment on January 13, 2016, the Defendant and C state the criminal day as “ January 23, 2016,” but this is obvious that it is a clerical error in the indictment and does not actually disadvantage the Defendant’s exercise of his/her right to defense, thereby ex officio recording it.

B. Around 02:00, C was in a trial for the reason that the victim F (24 years old) et al. came to know that the victim F (24 years old), etc. was in distress before the E Hospital located in D, which was located in D, and C took the face of the victim G (23 years old) by drinking, and friencing the head of the victim H (23 years old) he/she took the face of the victim H (23 years old) that he/she prevented him/her from going to drinking, and the defendant took the face of the victim H that he/she prevented him/her from going to drinking, and she took the face of the victim F (24 years old) that he/she puts the victim F (24 years old).

As a result, the Defendant assaulted the victim G and F in conjunction with C, and inflicted injury on the victim H, such as impairment of the face requiring treatment between about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

1. Each police statement made with respect to G, H and F;

1. The written diagnosis of injury to H (the defendant and his defense counsel asserted that the above act of the defendant's above act constitutes a legitimate defense or legitimate act for the prevention of assault by the victim F and H, but in light of the circumstance and situation of the occurrence of the case, and the method and degree of assault, etc., the act of assaulting the above victims as stated in the facts of crime included an aggressive intent beyond the passive defensive act, and therefore it is difficult to view that it is reasonable in the means and method, and it was an urgent and inevitable means.

As such, it can not be seen, it is a legitimate act that does not violate social rules, or a political party defense to protect the present unfair infringement.

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