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(영문) 부산지방법원 2016.06.16 2016고정471
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 15:20 on September 15, 2015, the Defendant: (a) carried out physical fighting at the expense of the Si of D, which manages electricity facilities, etc. in the first floor of the building of the Busan East-gu, Busan-dong C, and (b) carried out the body fighting, and (c) carried out the parts of D from the behind of D to his hand in the state of being used in the corridor; (d) the victim E and others carried the strings, the victim’s kids, the victim’s kis, and the hacks the hacks with the hand, etc.; and (d) once the left face part, the Defendant carried out the right side of the part requiring treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. CCTV video recording CDs;

1. Application of Acts and subordinate statutes on diagnosis certificates of injury and photographs of part of injury;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The judgment and the defense counsel on the assertion of the defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act that the defendant's act constitutes a legitimate defense or legitimate act, inasmuch as the defendant's act is concerned with D in the same situation where the victim removed the defendant who is connected with D and cut off the defendant's fluor by cutting down the defendant's fluor. Therefore, the defendant's act constitutes a legitimate defense or a legitimate act.

However, according to the evidence adopted earlier, the defendant's assaulted D and removed the defendant from D after the victim was aware of the defendant's reputation, and the defendant's arms are released from D, and the victim's arms are not deducted for one year even after the victim removed the defendant from D.

After that, it can be recognized that the defendant has made the victim's left side kick up to one time.

The defendant's act is sufficient to regard the victim as having committed an assault with the intent of attack, and thus does not constitute a legitimate defense or a legitimate act.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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