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(영문) 서울중앙지방법원 2015.10.14 2015고정2655
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

At around 15:00 on May 18, 2015, the Defendant dump trucks driven by the Defendant were dump trucks in front of the single house of the victim D (the age of 45) located in Jongno-gu Seoul, Jongno-gu, Seoul, with the problem of operating the alleyway with the victim.

After the victim gets off the Defendant from the car, the Defendant, in his hand, had the Defendant falbbbling, and had the face of the Defendant falbling, had the Defendant febbbling, and had the Defendant febbling against this, and had the victim’s face debrised about 5 meters by pushing the victim’s face, thereby making it difficult to know the number of treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes on photographs;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the circumstance and situation of the instant injury, method and degree of injury, etc. acknowledged by the evidence of the judgment as to the Defendant and his defense counsel’s assertion of self-defense under Article 334(1) of the Criminal Procedure Act, the Defendant’s act is not merely a passive defense against the victim’s wrongful attack, but also has the nature as an attack. Thus, it cannot be deemed as self-defense.

We cannot accept the above assertion.

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