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(영문) 서울서부지방법원 2013.11.27 2013고정845
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 28, 2012, around 08:30 on September 28, 2012, the Defendant: (a) in front of the Seodaemun-gu Seoul Western-dong 135-5 Shee-dong 135-5, the victim C (the age of 31) was trying to enter the vehicle of the Defendant, and (b) the Defendant got off the victim with a stop by driving the vehicle above the victim; and (c) carried out a flap with the victim by using the flap; (d) was pushed down with flap of the victim by hand; and (e) sustained the victim’s face by drinking, the Defendant inflicted an injury, such as a fladry dump, etc., where the victim needs to

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The defendant and his defense counsel's assertion regarding the defendant and his defense counsel under Articles 70 and 69 (2) of the Criminal Code for the confinement of the workhouses asserts that the defendant's act constitutes self-defense, since the defendant only franchissing in a way to defend the victim's assault at the time of the instant case.

In a case where it is reasonable to view that the perpetrator’s act was committed with the intent of attacking one another rather than with the intent of attacking the victim’s unfair attack, and that the act was committed against one another, it cannot be viewed as self-defense since the act is an act of attack at the same time as an act of attack (see Supreme Court Decision 2000Do228, Mar. 28, 200). The dispute between the defendant and the victim takes place on the ground that the victim’s vehicle might come back in the future, including the fact that the defendant’s desire was taken by hand, and that it was caused by each evidence, such as the motive and circumstance leading up to fighting and the situation before and after fighting, etc., the defendant’s act goes beyond the limit of defense against the victim’s unfair attack.

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