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(영문) 부산지방법원 2015.06.24 2015고정1313
상해
Text

1. The defendant shall be punished by a fine of five hundred thousand won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On December 6, 2014, at around 06:40 on December 6, 2014, the Defendant assaulted the victim’s face on several occasions by setting up against the victim’s violence in the studio in which the Defendant residing in the studio C, Busan, by setting up against the victim’s violence.

As a result, the defendant suffered injury on the left-hand side of the bad faith requiring medical treatment for about two weeks.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or D;

1. An injury diagnosis certificate (D);

1. Application of statutes on site photographs;

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

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

3. The Defendant and the defense counsel asserted as to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act alleged to the effect that the crime of this case constitutes a legitimate act committed in the course of setting up against the victim’s violence. However, in light of the developments and means of the instant case, the relationship between the Defendant and the victim, and the circumstances at the time of the instant case, the victim unilaterally committed an unlawful attack.

The above assertion by the Defendant and the defense counsel is not accepted, since the Defendant cannot be deemed to have exercised force only to the extent of passive defense as a means of resistance to protect himself from an unlawful attack and escape therefrom.

It is so decided as per Disposition for the above reasons.

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