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(영문) 대전지방법원 서산지원 2016.06.03 2015고정334
상해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 31, 2015, the Defendant: (a) around 18:00 on August 31, 2015, around the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun; (b) on the ground that the Victim D (72 aged 72) took a bath to E, who is the wife of the Defendant, brought an injury to the Victim, such as catum dump, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the witness F;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs damaged;

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 asserts that his act constitutes a legitimate defense, as it is for the purpose of defending the victim's assault, in a judgment on the defendant's argument under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.

In light of the records of this case, the defense act must be socially reasonable, taking into account all specific circumstances, such as the type and degree of the legal interest infringed upon by the act of infringement, the method of infringement, the completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense, etc. In order to establish a legitimate defense, the defense act of infringement must be socially reasonable. Thus, according to the records of this case, the defendant did not merely commit an attack but rather committed an attack to defend the victimized person's own or other person's legal interest. Thus, it is difficult to view it as a legitimate defense.

Therefore, the defendant's assertion is not accepted.

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