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(영문) 부산지방법원 2018.04.11 2017고정1277
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

A victim C is a person who is liable for the debt equivalent to KRW 13 million to D ( South, 28 years of age), and the defendant is a relative of D.

The defendant does not pay D money to the victim.

“The phone called to the effect that it was “,” and took part in a dispute.

The victim got 10 times the face of the defendant in drinking because the defendant made the above phone and found him/her as his/her apartment in the new wall and opened his/her door door, and caused disputes with each other, and the defendant suffered bodily injury, such as heat and frightion, if he/she finds the face of the victim about 21 days in drinking in opposition to the assault of the victim and caused about 10 times the victim's face to be treated.

Summary of Evidence

1. The legal statement of the witness C;

1. Protocols concerning the prosecution and police interrogation of C;

1. Photographs;

1. C Application of Acts and subordinate statutes of medical certificate;

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

1. In a case where it is reasonable to view that the perpetrator’s act of defending the defendant and his defense counsel or his defense counsel’s assertion of a justifiable act was committed with the intent of attacking one another rather than with the aim of defending the victim’s unjust attack, and the perpetrator’s act was committed against it, the perpetrator’s act of attack is an act of attacking at the same time, and thus, it cannot be deemed as a legitimate defense or excessive defense (see Supreme Court Decision 2000Do228, Mar. 28, 200). According to the evidence duly adopted and examined by the court, the victim’s act of attacking one another while the defendant and the defense counsel were taken first, while the defendant were faced with each other, and the victim’s face can be taken by drinking, the price of the victim’s face, the victim’s act of attacking 21 days between the defendant and the victim’s act of attacking the victim, and the victim’s heat and land, etc. need medical treatment.

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