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(영문) 인천지방법원 2016.01.15 2015고정750
상해
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

On December 13, 2014, at around 00:55, the Defendant, within the main point of Category D located in Nam-gu Incheon Metropolitan City, brought a dispute on the ground that the Defendant was at the time of her son E ( South and 52 years of age) in the course of breaking microphone, and the Defendant was faced with the Defendant’s seated above the Defendant’s ship and her face with the Defendant’s hand.

As a result, the defendant suffered injury to the victim E, such as the 4th class intersection and the loss of the victim's 4th class, which requires treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the interrogation of suspects of E;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his defense counsel] argues to the effect that it is inevitable for the victim to escape from the unilateral attack, and that it constitutes a legitimate defense or an urgent escape, and thus, the illegality is avoided. Thus, the defendant's above act cannot be viewed as a legitimate defense or an urgent escape, in light of all circumstances, such as the circumstances acknowledged by the evidence above, motive, means, method, degree of damage, etc. of the crime of this case. Thus, the defendant's above act cannot be viewed as a legitimate defense or an urgent escape.

It is so decided as per Disposition for the above reasons.

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