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(영문) 대전지방법원 2017.01.12 2016고정857
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

The defendant is a person engaged in the breeding business, and the victim C(63) is a person who requested the above A to sell and purchase, and C(63) has a mutual appraisal as a fact of accusation against A on charges of fraud, since he did not receive any balance of sale and purchase, dry field wage, etc.

On January 15, 2016, the Defendant: (a) requested the Defendant to return the remainder in front of the Defendant’s opening container container located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; (b) caused the Defendant’s injury to the Defendant, such as a confection, which requires approximately two weeks of medical treatment; (c) caused the victim’s chest part on the ground by both descendants; and (d) caused the Defendant’s injury, such as a confection, the left-hand salt, etc., which requires approximately two weeks of medical treatment among the victims and mutual fightings.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A photograph description;

1. The defendant and his defense counsel asserted that the defendant's act constitutes legitimate defense on the ground that the defendant's investigation report (related to attachment of a medical report, etc.) and the defense counsel's assertion was made passively in the defense vehicle Eul, which is a threatening threat to the defendant, and that the defendant's act constitutes legitimate defense. However, according to the evidence adopted by this court, the defendant's act is acknowledged as having committed the same act as the crime in the judgment of the defendant C, and if the defendant's act was taken into account the circumstances and degree of the defendant's act, and the result of the defendant's act was committed to the victim C

Application of Statutes

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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