(영문) 인천지방법원 2013.08.30 2013고정420

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2013.08.30 2013고정420

상해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 22, 2012, around 13:38, the Defendant: (a) stated that when the victim D (the age of 43) intends to enter the said apartment, the Defendant laid the victim’s gate before the shuttle door of the Seo-gu Incheon Metropolitan City C Apartment, and that “When you do so, I would like to do so, I would like to do so; (b) I would like to do so; (c) during the dispute with the victim, I would like to kill the victim’s erobb, and walk the victim’s ebbb, and walk the left side once, and (d) the victim was faced with the Defendant’s cargo ebbbb, and caused the victim’s injury to the left mouth where it is impossible to know the victim’s treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness D's legal statement (a witness's statement is consistent from an investigative agency to this court and its credibility is consistent, and no other circumstance exists to reject the credibility of the above statement);

1. Statement to E by the police;

1. Duplicative photo;

1. Application of Acts and subordinate statutes to investigation reports;

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

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act against the provisional payment order. The defendant's act is a passive resistance against the victim's exercise of tangible power, and the defendant's act is justified as self-defense or legitimate act.

In light of the above evidence, the defendant's act does not constitute self-defense or legitimate act, since it is acknowledged that the defendant committed a harmful act as an attack against the victim, and the defendant's act cannot be viewed as an act to defend the victim's unfair act, and it is difficult to view it within the passive resistance.

Accordingly, the defendant and the defendant.

참조조문

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