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(영문) 대전지방법원 2018.03.23 2017고정270
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 August 8, 2016, the Defendant requested a “E” clothing store located in Seo-gu Daejeon, Daejeon, Daejeon, for the exchange of bags previously purchased by the Defendant, but on the ground that the Defendant refused it, he left the victim’s left face one time due to the Defendant’s refusal to do so, cut off the part of the victim’s left face on one occasion, and continued to walk back the telegraph of the victim that goes beyond the floor on several occasions, and led the victim to a divem string which requires treatment for about 14 days for approximately 14 days.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. The legal statement of the witness C (the victim's statement does not appear to be consistent, specific, and otherwise false, and credibility is recognized in light of the attitude of the victim's statement in this court)

1. A medical certificate of injury, each photograph;

1. Application of Acts and subordinate statutes to arrest and report cases;

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

1. The Defendant alleged to the effect that the Defendant’s assertion of defense by a political party under Article 186(1) of the Criminal Procedure Act, based on the aforementioned evidence, constitutes legitimate defense, in light of the degree of assault inflicted on the victim by the Defendant based on the victim, etc., the Defendant’s act cannot be deemed as constituting legitimate defense.

Therefore, the defendant's assertion is not accepted.

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