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(영문) 인천지방법원 부천지원 2013.05.24 2013고정326
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 21, 2012, around 21:40 on September 7, 2012, the Defendant: (a) was suffering from excessive transit of the victim D (year 51) in front of the convenience store in Bupyeong-gu, Seocheon-gu C, Seocheon-gu; (b) on the ground that the victim got out of the excessive transit of the victim after being put in Pyeongtaek-gu, Jung-gu; and (c) on the ground that the victim’s face could not be known, the Defendant was sprinked with the victim

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of suspect D's damaged photographs, site, and knific Acts and subordinate statutes;

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 asserted that the act of this case by the defendant constitutes self-defense as an act to defend the victim's unfair infringement. However, in light of the degree and method of assault and injury of the defendant and the victim recognized by the evidence mentioned above, the defendant's act was delivered to the victim's intent of attack rather than to defend the victim's unfair attack, and thus, the defendant's act cannot be viewed as self-defense. Thus, the above argument is rejected.

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