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(영문) 서울남부지방법원 2020.02.12 2019고단4445
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 26, 2019, around 19:27, the Defendant thought that in the subway 2-line 117-21 located at the new-line 17-21 in Guro-gu Seoul, Guro-gu, Seoul, the victim B (e.g., 33 years of age) resisted the part of the Defendant’s her but did not receive any particular apology from the victim while she resisted the victim. At this time, the Defendant fasted the victim’s left side before opening the opening and pushed the part of the victim’s left side one time into the part of the Defendant’s right shoulder, and the Defendant took part in a dispute after receiving a claim from the victim.

Since then, the defendant attempted to go out through opening openings, but he was removed from the victim by putting his mother and her body twice after leaving his body, and the victim was duplicated with approximately 6 weeks of treatment, thereby getting the victim into the victim's body more than 3 balance duplic and 4 balance duplicing from the right side.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Examination protocol of the accused by prosecution;

1. B written statements;

1. CCTV image data;

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

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant's act or self-defense constitutes a legitimate act or self-defense as an inevitable act to escape from the situation where the victim first gets the defendant's right after getting off and getting off the defendant.

However, according to the evidence duly adopted and examined by this court, at the time, the victim was a part of the defendant's shoulder immediately before that time.

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