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(영문) 부산지방법원 2017.03.29 2016고정3920
상해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 3, 2016, the Defendant: (a) filed a dispute with the victim E ( South Korea, 54 years of age) in the D Automobile Maintenance Factory located in Busan Seo-gu, Busan, with respect to the issue that does not work normally despite the request for repair related to the back glass operation of the F car; (b) and (c) requested the victim to refund 80,000 won of the repair cost; (d) the victim's face part was 1 time due to the damages, and the victim's emotional part was 1; (c) the victim's emotional part was 1; (d) the back part of the back part of the victim's body part was 1; and (e) the victim's back water part was 1 and distribution part was 1 time to the victim each time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police for E;

1. A police officer's report on his/her investigation on August 19, 2016 (teleline);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. 가납명령 형사 소송법 제 334조 제 1 항 피고인 및 변호인의 주장에 대한 판단 피고인 및 변호인은, 피고인은 피해자의 정강이 부분을 1회 찼을 뿐이고, 이는 피해자의 과도한 폭행으로부터 벗어나기 위한 것으로서 정당 방위에 해당하여 위법성이 조각된다고 주장한다.

According to the evidence of the court below, the defendant's act was found to have inflicted an injury on the victim as stated in the facts of the crime in the judgment, and the defendant's act was considered to have included an intent of attack beyond passive defensive act, and the above act did not meet the legitimate defense requirement.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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