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(영문) 의정부지방법원 고양지원 2014.11.14 2014고정929
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a neighboring land between C and neighboring land, and from May 2013, it is not good to appraise each other due to sewage discharge.

On March 24, 2014, the Defendant: (a) around 11:30 on March 24, 2014, at the Seoyang-gu Dapo-gu Dapo-gu, Seoyang-gu, Dana-gu, the issue of the victim C and sewage mouth, laid aground to the victim; and (b) took blap with the victim over the fence and was sprinked to the victim; and (c) inflicted an injury on the victim, such as spatitiss and tensions, which require medical treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted to the effect that the Defendant’s act constituted self-defense or legitimate act in order to defend the Defendant’s head by putting water into aground and breathing, or that the Defendant’s act constitutes a crime of this case in the course of physical fighting with C and his body, and thus, constitutes self-defense or a legitimate act. In light of the motive, circumstance, means and method of the instant crime, damage result, relationship between the Defendant and the victim before and after the crime, and the degree of assault and assault, etc., it is not recognized that the Defendant’s act was a justifiable act that does not violate the current unfair infringement of the legal interests of himself or others.

It is so decided as per Disposition for the above reasons.

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