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(영문) 대구지방법원 영덕지원 2018.07.11 2018고정11
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 13, 2017, the Defendant was able to avoid disturbance, such as having talked with the D head of C Gun/Gu D team E, while leaving the area in a large interest, at the fishery fishery and office located in C Gun office located in C Gun, around 11:30 on November 13, 2017.

The victim FF(49) who had been located there was a great deal of the defendant, "I am bling. I am bling. I am bling the defendant outside of the office." The defendant, who was sealed the victim, returned to the victim, and the victim was "tight", and the victim was tightly pushed the victim's chest, so the victim was tightly pushed the victim over the floor, so the victim was tightly pushed the victim's chest, so the victim was tightly pushed the victim into the floor, thereby damaging the victim's boom and power lines, and causing damage to the victim's surrounding land and power lines, and other damages to the victim's unknown information.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and E;

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

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The intent of the victim’s injury to the essential point of the assertion intentionally did not sealed the victim’s chest, and even if such act was conducted, it constitutes a passive defense that was against the victim’s assault and defense.

2. 1) According to the evidence duly adopted and examined by this court, the defect that the victim tried to get out of the office room the defendant who is suffering from the disturbance, and the defendant suffered the same injury as stated in the facts of the crime as stated in the judgment, while the victim's chest was pushed over by pushing the victim's chest, and it is sufficiently recognized that the defendant had the intention to inflict the injury at the time.

2) Furthermore, the following circumstances acknowledged by the evidence as follows, i.e., the injured party’s office, even if they were the Defendant.

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