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(영문) 부산지방법원 2014.05.29 2014고정281
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

The Defendant is a cargo truck driver, and C is an individual cargo transport business operator, and the Defendant and C came to know while working for the same type of business in about 10 years before the Defendant purchased and operated the C truck, and there is no good appraisal in the process of returning the vehicle again while the Defendant purchased and operated the C truck, and there is a enemy who filed a complaint with the other party.

On September 22, 2013, at around 21:00, the Defendant found that the victim C (the age of 48) who was not good among ordinary people while driving a truck in the vicinity of the male rest area of the mid-to-west Highway was driving and passing through a resort. On the same day, at around 21:20 on the same day, the victim stopped the vehicle behind the above vehicle, and the Defendant also stopped the vehicle in the front side of the vehicle.

In addition, while the defendant was in dispute with the victim who was coming to the vehicle of the defendant due to his driver, the victim abusedd the part of the defendant's neck by hand with the victim's hand, and used the part of the victim's chest on several occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The allegation constitutes self-defense merely because the victim's chest was pushed down several times by hand to defend himself/herself in the course of unilaterally assaulted by the victim.

2. The following circumstances revealed by the evidence revealed prior to the determination, namely, the victim while the Defendant driven a truck on an expressway.

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