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(영문) 서울서부지방법원 2019.05.13 2019고단716
상해
Text

1. The defendant A shall be punished by imprisonment for eight months;

However, the above defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around November 18, 2018, Defendant A suffered an injury to the left-hand etrophal ecogn of the victim B (age 57) due to drinking, when Defendant A had a snow on the left-hand side of the public parking lot in the New Village of Seodaemun-gu Seoul, Seoul, about 30, with respect to driving on the right-hand side in front of the public parking lot in the New Village of Seodaemun-gu, Seoul.

2. Defendant B, at the time and place indicated in paragraph (1), was a trial expense for the foregoing reasons, and the victim A (years 51) was flicked, and the victim was flicked with her face by hand.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. Report on internal investigation (Submission of suspect B medical certificate);

1. Application of the Acts and subordinate statutes on black stay images;

1. Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Defendant B who selects imprisonment: Article 260(1) of the Criminal Act; Selection of a fine;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Article 62-2 of the Criminal Act;

1. Defendant B of the provisional payment order: Determination on the assertion of Defendant B and defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the defendant did not look at the face of the victim who is the upper accused.

Rather, the upper defendant's hand first gets frighten of the defendant's face and has lost the center of his body by shocking the face of the defendant's face with his left hand, and the body of the upper defendant's body was frightly given with the left hand in order not to be used.

Even if the above act of the defendant constitutes a assault, it is inevitable for the defendant to defend himself from the additional attack of the upper defendant, and to attach the body of the upper defendant to the upper defendant in order not to lose his center in the state of breathing. Therefore, it is justified as it constitutes a legitimate act.

2. The judgment of this court is legitimate.

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