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(영문) 서울중앙지방법원 2014.03.27 2013고정4123
상해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 6, 2013, at least 17:30 on March 6, 2013, the Defendant: (a) visited the victim E (at the age of 59) who was dismissed to work for the above company in the sugar room of the Co., Ltd., Ltd., the Defendant, a business director of the Defendant in the fifth floor of the Gwanak-gu Seoul Special Metropolitan City, in order to take personal goods; (b) visited the victim to take the above bath room without the Defendant’s permission; (c) put the victim’s shoulder by hand, tightly dives, which require approximately two weeks of medical treatment; and (d) put the victim into the wall with a string dives, which require approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the third protocol of the trial;

1. Each protocol of the police interrogation of the accused (including the substitution of the accused);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

1. The defendant and his/her defense counsel on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Code of the Detention of Labor House, merely prevents the defendant from infringing the victim's unauthorized intrusion, and thus, constitutes self-defense or legitimate act.

In full view of the above evidence’s method and degree of assault by the defendant, degree of the injured party’s injury, situation at the time, etc., the defendant’s act was committed including the intent of attack beyond passive defense, and it is difficult to see that it was reasonable in the means and method, and it cannot be deemed as an urgent and inevitable means. Thus, it cannot be deemed as a legitimate act that does not violate social rules or self-defense for the purpose of defending unfair infringement.

Therefore, the defendant and defense counsel's above assertion is not accepted.

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