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(영문) 창원지방법원 진주지원 2013.12.30 2013고정218
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 27, 2012, at around 00:05, the Defendant, at around 104, Hadong-gun, Hanam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

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. A written diagnosis of injury;

1. Application of each statute 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant fighting, it constitutes self-defense where the victim was injured on the part of the knife by the knife at the time of the instant fighting, and where the Defendant had the victim take the face of the victim by drinking, and prevented the victim from committing an attack.

2. In order to establish self-defense as stipulated in Article 21 of the former Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense;

(See Supreme Court Decision 92Do2540 delivered on December 22, 1992, and Supreme Court Decision 2006Do9307 delivered on March 29, 2007, etc.) They returned to and in the instant case, the victim took part in fighting while considering the fact that the defendant, who was the victim, was in a state of drinking at the time of the instant fighting, was in a state of drinking, while the victim was under a state of drinking, while the defendant was in a state of drinking at the time of the instant fighting, when the victim took four to five faces of the victim by drinking knife the knife of the victim, the victim’s right eyebrow knife of the victim.

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