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(영문) 전주지방법원 2013.03.27 2012고정1070
상해
Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 11, 2012, the Defendant: (a) around 19:57, at the front of the house of the victim D (the age of 48) located in Yansan-gu, Jeonju-si; (b) during the process of constructing a studio, the victim who was living in the next house aggravated appraisal for reasons such as filing a civil petition with the competent authority; and (c) during the process of the victim’s studio, the victim was able to see his house; and (d) the victim and the body fighting were conducted

While the Defendant was in physical fighting with the victim, the Defendant committed assault, such as assaulting the victim’s head at one to two times by using a Handbag that was immediately in possession of the victim’s head, thereby causing approximately two weeks of treatment to the victim. In addition, the Defendant inflicted injury on the victim, such as failure and string, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The results of CD reproduction and viewing;

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

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning criminal facts, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant’s act constitutes legitimate acts because they fall under self-defense or are limited to the extent permitted by social norms, since the Defendant and the defense counsel only set up against the Defendant’s husband when the Defendant assaulted

According to the results of the CD video viewing, which is the evidence mentioned above, the Defendant and the victim were punished for a dispute with each other, and the Defendant also actively committed a physical fighting against the victim. In light of the background leading up to the occurrence of the instant case and the circumstances at the time of the instant case acknowledged by the aforementioned facts and the evidence, even if the victim somewhat caused the instant dispute, the victim unilaterally committed an illegal attack against the Defendant.

(b).

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