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(영문) 수원지방법원 2017.01.19 2016고정2859
상해
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 August 7, 2016, the Defendant: (a) the instant victim C (79 years old, South) who is a net security guard who wishes to break out from the 1st floor of the building in Suwon-gu, Suwon-si B building on August 7, 2016 and to enter the building into the building, and (b) this term “Woo-dok”.

"The victim's breast part of the victim's chest was tightly pushed back with the left hand, and the victim faced with the back water on the glass door, and the victim was faced with about 14 days of face, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Written statements in C and D;

1. Determination of the Defendant’s argument in the death diagnosis letter constitutes a legitimate defense or legitimate act by the Defendant’s act of defending the Defendant’s spouse, as it is when the Defendant had a great sound to the Defendant’s spouse and affixed his arms to the other spouse.

See the purport of “......”

However, in light of the circumstances and contents of the instant crime and the degree of damage inflicted upon the victim, it is difficult to view that the Defendant’s act constitutes a legitimate defense under Article 21 of the Criminal Act or a legitimate act under Article 20 of the Criminal Act.

Therefore, the defendant's above assertion is rejected.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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 concerning the order of provisional payment;

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