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(영문) 서울중앙지방법원 2018.06.14 2017고정3908
상해
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2017. 9. 1. 16:50 경 서울 서초구 서초 중앙로 157 서울 중앙지방법원 서관 6번 출구 앞에서, 피해자 C( 여, 70세) 이 ‘D’( 이하 ‘D ’라고 한다 )에서 주최한 E의 석방 촉구 집회를 주도하는 F에게 다가가 " 네 가 무슨 낯짝으로 여기에 왔느냐,

D Along with the request for return of the support payments, the victim was injured by scambling the victim by hand during the process of restraining him/her so that the victim was injured by brain scambling that requires approximately two weeks of treatment.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. G statements;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes governing film reproduction CDs;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel asserted that the defendant's act constitutes a legitimate act that does not violate social rules or a legitimate defense that constitutes a legitimate defense. The defendant and his defense counsel asserted that the defendant's act constitutes a legitimate act that does not violate social rules and constitutes a legitimate defense.

However, in full view of all the circumstances, such as the motive and background of the Defendant’s assault against the victim, the method and degree of the assault, and the situation before and after the assault, it is reasonable to deem that the Defendant’s above act was an affirmative attack beyond the victim’s passive defense against the victim, and thus, it does not constitute a legitimate defense or a legitimate act (see Supreme Court Decision 2003Do4934, Jun. 25, 2004, etc.). Therefore, the Defendant and the defense counsel’s above assertion is without merit.

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