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(영문) 서울중앙지방법원 2014.07.24 2014고정1219
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 21, 2013, around 21:30 on November 21, 2013, the Defendant sent a urine to the 1st floor toilet located in Gwanak-gu in Seoul Special Metropolitan City, and was assaulted on the ground that he did not hear the horses that he would go from the victim E, and that he did not go in his urine, and caused the injury, such as the impairment of the scale and the scale of theco, which require three-time treatment of the victim's face, caused the injury to the victim's face, such as the impairment of the scale and the scale.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Protocol concerning the examination of each police suspect against the defendant or E;

1. Application of Acts and subordinate statutes of the upper part of the body photograph (E), injury diagnosis report (E);

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

1. The defendant and his defense counsel asserted that the defendant made a passive self-defense in order to oppose violence of the victim, as to the argument of the defendant and his defense counsel under Articles 70(1) and 69(2) of the Criminal Act.

In full view of the above evidence’s method and degree of violence of the defendant, degree of injury suffered by the victim, situation at the time, etc., it is difficult to view that the violence of the defendant, including the intent of active attack beyond passive defense, is reasonable in its means and method. Thus, it cannot be deemed as self-defense to protect the current unfair infringement.

Therefore, the defendant and defense counsel's above assertion is not accepted.

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