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(영문) 서울중앙지방법원 2014.06.12 2013고정6496
상해등
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim C (the age of 53) are people living on the street in front of the subway E Station in Dongjak-gu Seoul Metropolitan Government.

1. Around 11:00 on July 28, 2013, the Defendant insultingd the victim C by openly insulting the victim by referring the victim C, “I do not have to know that I had to know that I had to know that I had to know, I had to have to know, I had to know, I had to know, I had to know, I had to know, I had to know, I had to know, I had to know,” and “I have to know,” etc. in front of the subway E Station in Dongjak-gu Seoul Metropolitan Government.

2. The injured Defendant, on the ground that he expressed the above bath at the time and place set forth in Paragraph 1, was killed by the victim C, the fluor, the fluor, and the hand. As soon as possible, the Defendant inflicted an injury on the victim, by shouldering the victim’s hand and arms, resulting in an unexplosion in the number of days of treatment, such as an unexplosion and injury.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Each legal statement of witness F, H, G and C;

1. Police suspect interrogation protocol regarding C;

1. A written statement of F, H and G;

1. C Complaints;

1. Application of Acts and subordinate statutes of each damaged photograph;

1. Relevant Article 311 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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 against the provisional payment order is merely the victim's arms and losses without any choice to defend his/her infringement of his/her body due to the victim's continued attempt. This constitutes self-defense. However, according to the evidence of the court below, the defendant is acknowledged to have committed the same harmful act as stated in the facts charged with the victim as the victim's intent of attack while the victim was in time.

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