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(영문) 서울북부지방법원 2017.04.20 2016고정803
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the E-child who is the owner of the building of the D Factory Building in the industrial chain operated by the victim C.

The victim, in accordance with the litigation of the registration of the building owner, caused the building to be cut off and removed the inside of the factory as required and restored to its original state.

At around 14:30 on January 8, 2016, the defendant found a lawyer's office room in D Factory F, which was located in F, Busan, and divided between the defendant and the husband of the victim and the victim's husband, and demanded an additional request for restoration from the entrance room to the victim. Thus, the victim and his husband, the victim's husband, and the victim's husband's husband, and the victim's husband's husband, desire to take care of his fingers and sacrines, and the victim sacrife against this bad-quality garbage, and the victim sacrife against this demand that the victim will be humo, and the victim will be humo that the victim will be humo, and the suspension and discontinuance of the bad-quality garbage together with the removal was in the vicinity of the defendant's entrance.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes on the diagnosis certificate of injury and photographs of the upper part;

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. Claims and determination under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment

1. The defendant and his defense counsel asserts that their own fingers constitute a legitimate defense or a legitimate act because the victim's fingers by inserting his fingers into the defendant's entrance.

2. According to each evidence of the judgment below, the defendant's act is limited to the fact that the victim brings the fingers to the face of the defendant, and considering the circumstances leading to the crime of this case, the detailed method of the defendant's bodily injury, and the part and degree of the injury, etc., the degree of the defendant's act is the minimum defense that can be recognized as legitimate defense.

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