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(영문) 서울중앙지방법원 2014.02.19 2013고정4642
상해
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On May 16, 2013, at around 17:30 on May 16, 2013, the Defendant, at the Defendant’s house of Gwanak-gu Seoul Special Metropolitan City, Da 202, driven away from the parent of the victim who escaped from the family of the Defendant, and the Defendant, who continued to do so, kidddddd the victim’s wife, caused interference with the victim’s head and chest, and assaulted the victim’s head and chest, the Defendant also set up against this, thereby cutting down the victim’s arms and flads, and fladsing the victim’s head and flads that require approximately 14 days medical treatment.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. As to the defense counsel's assertion under Article 59 (1) of the Criminal Act (see, e.g., the background leading up to the dispute with the victim, the degree of conduct by the defendant and the victim in this case, the fact that the victim does not want the punishment of the defendant at present, and the defendant does not have any criminal record), the defense counsel asserts that the defendant's act constitutes self-defense because the defendant's act constitutes self-defense, since the defendant merely took the head of the victim to defend the victim's non-discriminatory assault.

In light of the above evidence, although the defendant was subject to several assaults from the victim at the time and place stated in the facts charged in the instant case, it can be acknowledged that the defendant inflicted bodily injury on the victim, such as the victim's head, flag, and flag with the victim's head, and flag. Thus, this is not only to defend the victim's unfair infringement, but also to injure the victim with the intent of mutual attack.

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