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(영문) 대구지방법원 서부지원 2021.02.16 2020고정202
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 17, 2020, the Defendant’s “D restaurant operated by Defendant C residing together in Daegu-gun B, 19:00,” which is operated by Defendant E (W, 45 years of age) and whether C was “dward” with the Defendant’s former deniedr;

(d)Embling the victim by hand while doing so;

As a result, the Defendant inflicted an injury on the victim, such as salt dynasium, which requires treatment for about 21 days.

Summary of Evidence

1. Partial statement of the defendant;

2. Partial statements from witnesses E, C and F.

3. Some statements made to the defendant in the police interrogation protocol.

4. Some statements made concerning E in the police interrogation protocol.

5. Statement made by the police with respect to C and F.

6. The defendant alleged that his/her act did not inflict any injury on the victim because he/she was removed from the victim C, and that his/her act did not constitute a legitimate act or a legitimate defense. However, according to the statement of the defendant and witness and the statement of the medical certificate of injury, the defendant was found to have inflicted any injury on the victim by pushing the victim as stated in its reasoning, and the defendant's intentional act was recognized. In full view of the circumstances of this case, the situation before and after the case, and the degree of the injury inflicted on the victim, etc., the defendant's passive act goes beyond the defensive act, and it is difficult to see that it is reasonable in its means and method, and it was an urgent and inevitable means.

As such, the application of statutes shall not be deemed to constitute a justifiable act that does not violate the defense of a political party or social norms to protect the current unfair infringement.

1. Article 257 of the Criminal Act applicable to the facts constituting an offense and Article 257 of the Selection of Punishment Act;

2. A fine of 500,000 won to be suspended;

3. Article 70(1) and Article 69(2) of the Criminal Act (the daily calculation amount: 100,000 won) of the Criminal Act to attract a workhouse.

4.Article 59(1) of the Criminal Act of the Suspension of Sentence (the victim also assumes a reasonable responsibility).

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