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(영문) 서울북부지방법원 2015.03.26 2014고정190
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 26, 2013, around 11:30 on August 26, 2013, the Defendant: (a) around 1201, the victim D (the 51-year old) who was seated in the middle-gu Seoul Metropolitan Government C Apartment 1201; (b) was under the influence of alcohol and went to her own time, on the ground that she was “scambed by a short-term driver; (c) turned the body into the ground floor of her hand; and (d) went over her face on about 5 occasions, followed the victim’s face to undergo about 2 weeks of treatment.

Summary of Evidence

1. A statement recorded on the third trial date by a witness D;

1. Statement of D police statement;

1. Determination as to the defendant and defense counsel's assertion on the medical certificate of injury and the damaged part photograph.

1. The gist of the argument and the defense counsel asserted that ① the defendant did not take five-time faces of the victim's face due to his appearance, ② the victim's body is probling the victim's body so as to defend himself/herself in order to protect him/her, and thus, constitutes self-defense.

2. Determination

A. First, we examine whether the defendant takes custody of the victim's face.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the victim stated that he was consistently with the investigative agency and this court, and that he was faced with his face by the defendant. In light of the content of the statement, attitude of the statement, etc., the above statement is reliable; according to the photograph taken by the victim at the time of this case, the victim shows that he was exposed to the right side from the part out of the victim's mustache, etc.; it is possible to confirm that the victim was exposed to the face; and the victim was diagnosed by the internal area outside of 1stm from the inner area (the inner area and the inner area) and the inner area (the upper part) at the time, the victim was diagnosed by the internal area (the upper part and the inner part).

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