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(영문) 서울동부지방법원 2017.08.22 2017고정472
상해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 23, 2016, around 01:40 on November 23, 2016, the Defendant injured the victim’s face in the street, such as the upper part, the lower part of the lower part, and the lower part of the 20-day net plane, when taking care of the victim’s face by drinking, and taking care of about 20 days, in front of the “D” food in Songpa-gu Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, and part of witness F, legal statement of witness E;

1. Application of Acts and subordinate statutes to medical certificates of injury and data submitted by suspect E;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70(1) and 69(2) of the Criminal Act concerning the confinement in the workhouse (the Defendant and his defense counsel argued to the effect that the Defendant was sealed by a victim, and that the Defendant was a legitimate defense to escape from an assault by the victim, but the act of attack and defense was committed in the course of fighting, and that the act of attack and defense was committed in the course of fighting, and that the act of attack and defense was committed simultaneously, and that it was a legitimate act for the purpose of defending against the victim by causing only one of the acts of attack;

In common, it is difficult to see that the act of the defendant is a legitimate defense, solely on the ground that the injured party suffered more damage to the defendant in this case, the act of the defendant cannot be viewed as a legitimate defense. The victim's appearance immediately after the assault in this case was taken is under the influence of alcohol and is frequently asked in the clothes, and the victim was cut off due to the assault in this case, so it was cut off as above.

In light of the fact that it is not visible, the defendant was the victim by drinking.

The above argument shall not be accepted, since it is possible to determine the person and the defendant's behavior cannot be seen as a justifiable act.

The reason for sentencing is that there is no criminal punishment against the defendant, and the victim first prices the defendant and the damage of the defendant was higher.

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