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(영문) 의정부지방법원 2013.11.14 2013고정1415
상해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On October 31, 2012, at around 21:10 on October 31, 2012, the Defendant engaged in violence, such as drinking alcohol with the victim E while drinking alcohol at the D cafeteria located in Namyang-si, Namyang-si, and doing a dispute, going out of the place, and booming and spathing the spath of the victim following the following, and inflicted an injury on the spadum, fladum, etc. requiring treatment for about 14 days.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The police statement concerning G;

1. A written diagnosis of injury;

1. Application of the statutes governing suspect photographs;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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 claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that even if the defendant used violence, such as breathing and spathing breathing, etc. of the victim E as stated in the facts charged, such act constitutes legitimate self-defense or legitimate act as defense against the victim's violence.

According to the evidence duly adopted and examined in this court, the defendant saw alcoholic beverages with the victim E at the time of the instant case. The defendant tried to do harm to the victim by taking a bath, smelling, and painting, etc. from the victim, but he tried to do so by the victim, which is a restaurant operator, and the defendant went out of the restaurant, and used violence against the victim, such as the victim's spathing and spathing, and spathing, etc., and the victim got out of the restaurant. The victim got out of the restaurant. The victim got out of the restaurant, and the victim got out of the floor and spathing, and caused the victim to kill the victim's spathing. Accordingly, according to the above acknowledged facts, the defendant's act was out of the current legitimate self-defense against the body of the defendant.

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