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(영문) 창원지방법원 2019.10.30 2019고정211
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was a landscaper, around 14:30 on September 10, 2018, and as a matter of the rent for landscaping machinery borrowed from the victim C (the 66 years of age, south) in Seongbuk-gu B9 floor, Changwon-si, Sungwon-si, the defendant was unable to take the defendant's hand out by one hand, different from the defendant's Belgium.

Accordingly, the Defendant saw the victim's right face one time with the victim's ppuri, and the elblue blue blue, and flue the victim's left face at one time with the victim's right face.

Accordingly, the Defendant inflicted an injury on the victim, such as “finites and tensions,” which requires 28-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of Acts and subordinate statutes on death diagnosis certificates and damaged photographs;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, defense counsel, and the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. Although the defendant spreads the victim's arms and elbows into the right side of the victim, the defendant did not have any intention to injure the victim, and there was no intention to do household affairs.

Even if the defendant's body is passive resistance to escape from the present unfair infringement, the illegality should be avoided because it constitutes self-defense or legitimate act. On the other hand, the defendant denies the facts charged that the defendant did not have the victim's left face as stated in the facts charged.

However, in light of objective damage photographs, it does not seem that the defendant's elbows only between the defendant and the victim had physical contacts or shocks to the right side of the victim once.

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