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(영문) 인천지방법원 2014.07.09 2014고단26
상해
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2013, at around 15:15, the Defendant took part in a dispute with the victim D (the age of 67) due to the problem related to the above loan name in the stairs between the second and third floors, Nam-gu Incheon Metropolitan City, when the Defendant took part in a dispute with the victim D (the age of 67) one time, and the victim's chest was taken part in drinking, and the victim's face was taken part in drinking.

계속하여 피고인은 주저앉아 있는 피해자의 가슴 부위를 2회 가량 걷어찼다.

As a result, the defendant added a cage cage cage cages that require approximately six weeks of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of suspect E by the prosecution;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing photographs on damage inflicted on victims;

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant and his defense counsel's assertion as to the assertion of the defendant and his defense counsel under Article 62 (1) of the Act on the Suspension of Execution (see, e.g., the first offense, and the circumstances that may be considered in the course of assault due to both assault and violence) do not constitute an offense since the defendant and his defense counsel did not commit an assault against the victim. However, the defendant and his defense counsel asserted to the effect that since the defendant are placed his arms in his arms in order to oppose the victim's attempt to brut down from the stairs, and thus, they constitute legitimate self-defense

However, according to each evidence of the judgment, according to the evidence of the judgment, the defendant can be recognized as having injured the victim as stated in its reasoning, and such an act cannot be viewed as self-defense because it cannot be viewed as a reasonable case.

The defendant and defense counsel are without merit.

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