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(영문) 수원지방법원 성남지원 2017.03.29 2016고단4043
상해
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a company member.

On July 26, 2016, at around 15:00, the Defendant avoided the Defendant’s house located in Gwangju-si, with a view to promptly speaking, and that it was difficult for the Defendant to find out the victim D (Y. 73 years old) who was living in the next house and to make it difficult due to the delay.

The defendant had the victim go beyond the victim's breath in order to catch breath.

As a result, the defendant suffered injury to the victim at the 9th left side of the Republic of Korea which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. A medical certificate of injury (the defendant and his defense counsel are merely a flabed one by having flabbbling from the injured person, and even if they were flabed, the injured person suffered injury in the course of flabing;

This argues that it constitutes a legitimate defense.

In a case where it is reasonable to view that the perpetrator’s act was frightened with one another’s intent to attack one another rather than to defend the victim’s unfair attack, and that the perpetrator’s act was committed against one another’s attack, the perpetrator’s act is at the same time a defensive act, and at the same time an act of attack has the nature of the act of attack, and thus, it cannot be deemed as a legitimate defense or a legitimate act (see Supreme Court Decision 2003Do4934, Jun. 25, 2004, etc.). In other words, the circumstances acknowledged by the evidence of the judgment, namely, the circumstances acknowledged by the evidence of the judgment, such as: (a) the Defendant was postponed due to the Defendant’s escape from one’s own house; and (b) the Defendant’s talking with the victim’s body at the time of the time of vision; (c) the victim appears to have died first in the Defendant’s frightth of the Defendant’s fright, but the Defendant appears to have removed his hand from the victim’s body after the Defendant’s body.

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