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(영문) 대구지방법원 포항지원 2016.08.10 2016고정22
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant and the victim C are those who have been customers in the "E" located in Nam-gu, Nam-gu, and F are those who work in the above E as employees.

On September 18, 2015, at around 03:45, the Defendant observed the scene of assaulting F’s face in front of the “E” in front of the “E” and attached the victim no longer to escape. For this reason, when the victim was assaulted from the injured person, and the victim’s face was set up against it, the Defendant inflicted injury on the victim, such as skin sprinking, etc., if the victim’s face was taken several times with the loss floor, and caused the victim’s injury, such as the number

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness C, F and G;

1. Protocol concerning the interrogation of suspect C;

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph- damaged wife and friendly acid), a criminal investigation report (a CCTV screen in the E);

1. Relevant legal provisions for criminal facts, Article 257(1) of the Criminal Act for the choice of punishment, and Article 257(1) of the Criminal Act for the selection of fines (the circumstance of this case is taken into account, including the fact that the victim committed violence against F, who is an employee of the main office, after the victim avoided from the main office)

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is the fact that the victim inflicted an injury by assaulting the victim at the time and place stated in the facts of the crime in the judgment of the defendant, but this is a inevitable act to suppress the victim and defend the victim about his/her assaulting the defendant and the F, and thus the illegality is dismissed.

2. Determination 1) According to the evidence duly admitted and examined by this Court, the victim tried to leave the taxi site after assaulting F, and the defendant was seated within the main point, and immediately see the victim's seat who was assaulted by F. F.

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