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(영문) 대구지방법원 의성지원 2016.01.28 2015고정58
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On March 31, 2015, at around 14:20, the Defendant, against the victim C (50 years of age) in front of the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, Chungcheongnam-do, the Do-do-dong, Cheongsong-gun, the Do-dong-do-do-do-do-do-do-do-do-do-do-do-do-do-do-do-dong-do-do-do-do-do-dong-do-do-dong-do-dong-do-dong-do-dong-do-dong-dong-dong-dong-dong-dong, and continued to inflict injury on the victim, such as impairment of satisfe, sat, sating, satning, and tension of the victim, which require treatment for about 14 days

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Investigation report (to be accompanied by CCTVs at the scene of the assault and video CDs) and screen pictures at the scene of the incident;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to C;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The defendant asserts that at the time of determining the defendant's argument as to Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, the defendant made a legitimate defense by setting up against the victim's assault.

In light of the background leading up to the instant crime, the circumstance leading up to the instant crime, and the situation before and after the instant crime, etc., the Defendant’s assertion by the Defendant cannot be accepted, as it does not seem to meet the legitimate defense requirement.

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