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(영문) 부산지방법원 2013.05.06 2012고정5943
상해
Text

The pronouncement of sentence shall be suspended.

Reasons

Punishment of the crime

On August 6, 2012, around 22:20 on August 6, 2012, at the entrance of the 1st floor, the Defendant was aware of the fact that the victim H would take the female staff under the influence of alcohol into the telecom.

The defendant, while leaving the victim who was in the telecom with the entrance of the first floor, was killed by assaulting the victim's face and the chest part of the breast part of the drinking and drinking with drinking and drinking in a number of times, and caused the victim's injury against the victim, such as the victim's spathing and drinking, and spathing the victim's face on three to four occasions, and caused the victim's injury, such as fladal dump, which requires medical treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each police suspect interrogation protocol (including a medical certificate) to Defendant and H

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

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. The judgment on the defendant and his defense counsel's assertion under Article 59 (1) of the Criminal Act (the circumstances leading to the crime, such as the fact that his subordinate staff had found the victim to suffer from a crime, such as quasi-rape, etc., due to the victim's brubing of the suspension of sentence)

1. The defendant and his defense counsel have no illegality as an act to avoid the present and present danger against the I's body and sexual self-determination right, or as an act to avoid the present danger (self-defense or emergency evacuation), or there is a justifiable reason for the mistake.

(M) asserts that there is an error in defense.

However, this is based on the present condition of the danger or infringement. At the time of the crime of this case, the victim was not the guest room of the woman's room with I, which had been committed by the defendant at the time of the crime of this case.

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