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(영문) 청주지방법원 2016.05.12 2016고정6
상해등
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 September 10, 2018, 10:26 around 2015, the Defendant, “2016 Highly 6, Cheongju-si, Cheongju-si, took care of the victim D's office located in Cheongju-si, Cheongju-si, with the victim and the parking problem.

During that period, the injured person was blicking the flap of the defendant, twice the face of the defendant's flaps, and the defendant was faced with the victim's face in his hand.

As a result, the Defendant inflicted bodily injury on the old net world in need of two weeks of treatment.

From around 15:20 on September 14, 2015, the victim D of the 2016 High 7 Saly Sari-gu assaulted the face of the victim on the ground that the victim does not cut off his vehicle in his own parking lot in Cheongju-si, U.S. on the 15:20 on September 14, 2015.

The defendant spits or spits the victim's face against it at the same time and assaults the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspect of each police station against D;

1. The arrest report of each case and the suspect D was assaulted;

In light of the circumstances leading up to the crime of this case, the Defendant’s injury during a fighting is deemed as an act of attack at the same time as an act of attack (see Supreme Court Decision 2000Do228, Mar. 28, 2000, etc.). Thus, it cannot be deemed as a justifiable act, since the Defendant’s injury is deemed as an act of attack during a fighting (see Supreme Court Decision 2000Do228, Mar. 28,

1. Relevant Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment was that the defendant was assaulted first from the injured party, and thus, the defendant committed each of the crimes of this case, and the degree of injury to the injured party.

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