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(영문) 수원지방법원 2016.02.03 2015고정2501
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 July 1, 2015, at around 18:20, the Defendant, while engaging in a dispute with the victim D (n, e.g., 38 years old) over the victim's 102 Dong 5-6Ra and 103 Dong 9-10Ra on July 1, 2015, the Defendant placed the victim's face one time, and caused damage to the victim's face value, gred, gresing, and staling the victim's head for about 17 days in need of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. A written diagnosis of injury;

1. D damaged photographs (one-time 7,19);

1. Application of Acts and subordinate statutes of CD 1 to the content of the E-submission (A);

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

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

1. The Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is merely a passive act of spawnizing or pushing aheading the victim to defend the victim’s unilateral assault from the injured party, and thus, it is not illegal as it constitutes a legitimate defense. However, considering the background of fighting, the details of the Defendant’s act, and the degree of injury to the victim, the Defendant’s act does not constitute a legitimate defense, since it does not constitute an attack rather than a defensive act. Thus, the Defendant’s assertion is rejected.

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