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(영문) 서울동부지방법원 2015.11.06 2015고정668
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 and the victim C are the first met relationship between each other.

On March 7, 2015, around 09:00, the Defendant entered the Eju (Eju) store located in Gangdong-gu Seoul Metropolitan Government D, and entered the Eju (Eju) store.

As a result, the victim who was suffering from the breath of “Do Do Do Do Do Do Do Do ,” was flading and blading the victim’s dub.

Summary of Evidence

1. The defendant's partial statement in court (the purport that objective facts are recognized);

1. Each legal statement of witness C and F;

1. C image photographs;

1. Application of Acts and subordinate statutes to report investigation results;

1. Article 260(1) of the Criminal Act applicable to criminal facts and Article 260(1) of the Criminal Act’s choice of punishment [the defendant and his defense counsel] [the defendant and his defense counsel did not have any evidence to confiscate the defendant’s possession of the defendant or intended to steal the defendant at the time, and the defendant might escape in the course of attacking the defendant at the time when he got the victim before the arrival of the police officer’s site. Accordingly, as stated in the facts charged, the defendant puts the victim before the arrival of the police officer’s site, the above act was committed with a view to defending a legitimate act not in violation of social norms or the present unfair infringement of the defendant’s current status, and thus, the act constitutes self-defense. However, as a result of the identification of the defendant’s belongings, there is no evidence to confiscate the victim’s act of theft on the records, such as where there is no other evidence to prove that the defendant committed an act of assault against the defendant or the victim following the aforementioned evidence.

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