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(영문) 전주지방법원 2021.03.24 2020고정355
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 9, 2020, at around 22:04, the Defendant, at the front of the bus stop located in the North west-gun B, the Defendant suspended the operation of the victim D, who is a substitute engineer, left the vehicle at the same time, and took a bath for the Defendant, and continued to draw up the victim’s flap with the flap, and caused the victim’s injury, such as the cat, flap, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A medical certificate;

1. Images of CCTV images for the purpose of crime prevention in the Seocho Park;

1. Application of Acts and subordinate statutes to investigation reports (to attach CCTV images for the crime prevention of Seocho Park);

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 the defense counsel’s assertion on the assertion of the Defendant and the defense counsel of the provisional payment order under Article 334(1) of the Criminal Procedure Act asserts that since the victim, who had been a substitute driver of the instant case, parked in a bus stop prohibited from a vehicle at the time of the instant case, and was only one act to prevent defects in order to leave the bus site, illegality should be avoided as a justifiable act (an act that does not violate social rules).

"Acts which do not violate social norms" as stipulated in Article 20 of the Criminal Act refers to acts which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain acts constitute legitimate acts which do not violate social norms and thus are dismissed should be determined individually by considering the purpose and reasonable circumstances, under specific circumstances. Thus, to recognize such legitimate acts, the motive, justification of the purpose, and the act.

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