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(영문) 청주지방법원 충주지원 2018.11.14 2018고정106
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's wife C(70) was the wife of the victim C(70) who was living together with the husband due to the conflict with the husband and was paid the same as the husband's wife, and the defendant was accompanied by D's request to accompany the cargo vehicle under the name of the husband which was living with the husband.

On December 16, 2017, at around 15:07, the victim was found in his/her residence, and the victim was faced with his/her own timber with his/her left hand, and the victim was assaulted by his/her face on two occasions with his/her own hand, and the victim was faced with his/her head in his/her front door, and the victim was injured by his/her hair when he/she had his/her head on one occasion with his/her head on two weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement (the fact that he/she assaulted C is stated in its reasoning);

1. Statement made by the police against C;

1. Written statements of D;

1. A written diagnosis of injury;

1. The CCTV film CD (the Defendant and his defense counsel first attacked the Defendant, and the Defendant’s defense was sealed by each other, and thus, the Defendant’s act constitutes excessive defense under Article 21(2) of the Criminal Act.

However, in a case where it is reasonable to view that the perpetrator’s act was at the first place of attack with one another rather than with a view to defending the victim’s unfair attack, and that the perpetrator’s act was committed against one another, it cannot be deemed as an act of defending a political party or an excessive defense, since it is at the same time an act of attack is an act of attack (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). Accordingly, according to the evidence mentioned above, the victim’s act of attacking the victim first and taking the victim’s hand around December 16, 2017, which is the date of the crime, is deemed as having committed an act of attacking the victim’s face at one time, and the victim’s act of defending the victim is suspended after the victim’s act of attack was committed.

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