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(영문) 수원지방법원 2015.01.15 2014고정3035
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 17:45 on July 18, 2014, the Defendant, in response to the Defendant’s injury to the E-type E-type in the D coffee shop located in C, caused the injury to the Defendant: (a) knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-knon, and (b) 'Gyeong-kin-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-k

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of the police statement related to F and G;

1. Medical certificate of doctor H;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 257 (1) of the Criminal Act and the selection of a fine concerning the facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of all the circumstances, such as the process and purpose of the instant fighting, means, and degree of assault, etc. of determination as to the Defendant’s assertion of self-defense under Article 334(1) of the Criminal Procedure Act, the Defendant’s act is not merely a passive resistance to defend the victim’s unfair attack, but also an act of attack and defense at the same time, and thus cannot be deemed as self-defense.

Therefore, the defendant's above assertion should not be accepted.

(However, according to the records, since the defendant is recognized as pregnant at the time, it shall be considered in sentencing.

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