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(영문) 서울북부지방법원 2016.09.22 2016고정1061
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 31, 2015, the Defendant, around 22:45, around 22:45, around his house entrance in Seongbuk-gu Seoul apartment complex C, 113 dong 404, the Defendant suffered injury, such as salt, tension, etc., of the shoulder pipes and tension, which require approximately three weeks of medical treatment, on the ground that the victim gave his house entrance due to noise problems between the floor noise.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: since the defendant's act constitutes a legitimate defense or legitimate act to defend the victim's assault, the defendant's act is a legitimate defense to defend the victim's assault, taking full account of the following circumstances: the defendant's act, the background leading up to the crime shown in the record, the degree of the defendant and the victim's use of force, the degree of injury to the victim, etc.

B. The above assertion by the defendant and the defense counsel cannot be accepted, since it cannot be viewed as a justifiable act that does not violate the social norms.

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