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(영문) 부산지방법원 2012.12.26 2012고정3800
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is deaf-mutes.

At around 18:00 on May 20, 2012, the Defendant asserted that the victim D(the age of 43) was damaged and did not reimburse the Defendant’s wife E with respect to the damage of the victim’s 3 apartment complex “B,” and that the Defendant assaulted the victim with her flaps and her face face with his flaps, etc., and did not know the number of treatment days.

Summary of Evidence

1. Legal statement of witness D;

1. Photographs of the upper part of the body;

1. Application of Acts and subordinate statutes to the investigation report (20 pages of investigation records);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Statutory mitigation under Articles 11 and 55 (1) 6 of the Criminal Act;

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the Suspension of Pronouncement of Sentence (a) (i.e., the son and the son, the victim’s attempt not to compensate for his awareness value, causing the crime of this case, and the victim’s degree of damage is relatively minor, while the Defendant was subjected to violence from the victim at the time of this case, etc.) and defense counsel’s assertion that the Defendant’s act is unlawful as self-defense in light of the following circumstances: (a) the Defendant’s act was committed in the course of unilaterally avoiding his body to defend the victim’s assertion; and (b) the Defendant’s act was committed in the course of unilaterally avoiding his body from the victim’s judgment; and (c) the Defendant’s act constitutes self-defense. However, in light of the motive leading up to this case, the situation at the time of the act, and the part and degree of the victim’s injury, etc., the Defendant’s act may not be deemed as an act

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