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(영문) 수원지방법원 안산지원 2018.05.16 2017고단3134 (1)
상해등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 14, 2017, at around 10:0, the Defendant used the victim E to gather the victim's own body in the Defendant's entrance entry, thereby cutting off part of the victim's early as soon as the Defendant met, and used the victim's body cutting off the victim's treatment days, and used the victim's body flive disease as an empty flick, which is a dangerous object in the place.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E (the recognition of credibility in light of the background, details, attitudes, etc. of the witness's statement);

1. Application of Acts and subordinate statutes to photographs damaged by E;

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Articles 261 and 260(1) of the Criminal Act (the point of special violence) and the selection of fines for the crime;

1. Article 21(2) and Article 55(1)6 of the Criminal Act (in relation to excessive defense and each of the above crimes, respectively) of the mitigated Criminal Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The following circumstances revealed by the evidence duly adopted and examined by this court regarding the defendant and his defense counsel's legitimate defense or excessive defense defense claim under Article 334 (1) of the Criminal Procedure Act, namely, ① the defendant and the victim first met at the adult amusement room around November 2016, and had a meal for drinking alcohol several times until January 14, 2017, which was the day of the instant crime, and had been accompanied three times. ② The victim appears to have not contact against the defendant's will even before the instant case. ③ The victim was placed in the victim's entrance against the defendant's will, but the victim did not have contact with the defendant's body against his own will.

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