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(영문) 서울서부지방법원 2019.11.28 2019고단1551
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

Criminal facts

On August 30, 2018, at the first floor of the Eunpyeong-gu Seoul building, the Defendant: (a) sealed the victim C (the 45 years of age) who made a claim on the Defendant’s drinking out of another woman; (b) removed the victim’s hand, who took the clothes of the Defendant, as the Defendant’s hand; and (c) caused the victim by plucking and plucking up the victim’s right hand hand hand, which requires approximately two weeks of treatment, thereby causing the victim’s injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement, the police of C and each protocol of examination of suspect to prosecution;

1. The result of inquiry into injury diagnosis letter, and the result of inquiry into injury to the members of the D fixed tasks;

1. The result of reproduction and viewing of CCTV CDs (Evidence No. 20 of the Prosecutor’s Evidence List Nos. 20) [In light of the evidence adopted and examined by this Court, including the above evidence, the Defendant may acknowledge the fact that the victim’s fingers were plucked or plucked in the process of removing the victim’s hand that he was satched by the Defendant’s hand in his clothes (the Defendant also stated in the police investigation on September 14, 2018).

) The fact that the victim suffered injury to the extent that the degree of disability in the function of life may be caused can be recognized. In light of the degree of tangible force the victim exercised, the result of the victim's injury is within the extent that the defendant could have sufficiently predicted while exercising the tangible force. Meanwhile, the degree of tangible force the defendant exercised can be seen as an active anti-competitive act exceeding self-defense. Thus, the defense of counsel's self-defense cannot be accepted.

1. Relevant provisions of the Criminal Act and the choice of punishment concerning the facts constituting a crime: Articles 262, 260 (1) and 257 (1) of the Criminal Act;

1. Attraction of a workhouse: Article 70 of the Criminal Act.

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