(영문) 서울남부지방법원 2014.02.12 2013고정3470

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(영문) 서울남부지방법원 2014.02.12 2013고정3470

상해

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 22, 2013, the Defendant: (a) around 17:08, the Yeongdeungpodong 3, Yeongdeungpo-gu, Seoul, took a bath in the subway station 54 subway 2; (b) took a walk in the subway station 54 subways 2; (c) was waiting for a police officer by getting off the subway station along with the victim H, who is the subway security officer, and was waiting for the said subway station; (d) took a head to go off the bridge, taken a drinking face; (e) took a walk out the bridge; and (e) took a back back the bridge on the back side of the victim’s left side; and (e) took a walk that could not be known on the side of the victim’s back side of the bridge as soon as possible.

Summary of Evidence

1. Legal statement of the witness H;

1. Application of H’s portrait photographs, CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. Determination on the assertion of self-defense under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion of the defense counsel constituted self-defense, as stated in the judgment to defend the attack by two persons, including the victim, and thus constitutes self-defense.

2. In full view of the statements at the investigation agency and the court of the judgment, and the CD verification results, two subway security officers, including the victim, called the train inside the subway 2 line after receiving a report by the defendant's walking, and then sent the defendant on July 22, 2013 (based on CCTV hours in the subway platform; hereinafter the same shall apply). After that, the said subway security officers were in the vicinity of the defendant in the subway platform, the said subway security officers were in the vicinity of the defendant's seat in the subway platform, reported about three minutes after the defendant continued to leave the police station, and reported about 112 minutes after the passage of the defendant's seat, and during that period, the defendant repeated the article to the subway security officers and repeated the behavior by the defendant's seat first, and around 17:17:17.

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