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(영문) 수원지방법원 2018.03.16 2017고정2697
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 29, 2017, at around 09:25, the Defendant: (a) discovered the Defendant’s wife and visited the Defendant to install the Internet, and (b) took care of the victim FT employee, who visited the KT employee, to install the Internet; (c) took care of the victim’s face; (d) took care of the victim’s face due to head; (e) took care of the victim’s face; and (e) took care of the victim’s 14 days, the Defendant her head was boomed.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

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

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts that the victim's defense counsel is a legitimate defense since the victim's assaults the defendant and objects against it.

In light of the background of the instant case, the process and degree of the dispute, and the method of exercising the accused’s tangible force, etc., the Defendant’s instant crime constitutes an active act of harming the Defendant by exceeding the limit of passive defensive act, and thus, the Defendant’s act does not constitute legitimate defense.

[Judgment]

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