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(영문) 대구지방법원 2016.12.07 2016고정585
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On December 4, 2015, the Defendant: (a) around 00:15, at the Defendant’s farm room located in Cheongdo-gun, Cheongdo-gun, North Cheongdo-do, and (b) on the ground that the Defendant, at around two hours in relation to the issue of land use, had the house windows of the victim D (53 years of age) with his/her hand son over two hours, etc., left the house of the Defendant; (c) while the victim was suffering from the car of the Defendant, he/she did so, he/she did so against him/her due to the tree atmosphere, etc.; (d) caused the victim to suffer injury, such as the bones of verte, which requires approximately two weeks of treatment.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Part of the witness D's legal statement;

1. Application of Acts and subordinate statutes to medical certificates and outpatients medical records;

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

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

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

1. The defendant and his defense counsel asserts that "the defendant did not have any flabbbbbage of the victim, and even if so, the victim's act of assaulting the defendant in a wooden spawn and flab and assaulting the defendant, and thus constitutes an emergency escape or self-defense."

2. Determination

A. First of all, as to whether the Defendant committed an assault that siffes the victim's siffes, the victim partially denied the part of the Defendant's injury at the time of the instant case, and the victim was investigated under the suspicion that the Defendant inflicted an injury on the Defendant, and only filed a complaint against the Defendant at the investigation stage, and the victim stated to the effect that the Defendant wishes to agree with the Defendant's injury case and the instant case together (Article 20, 57 of the Investigation Records) are likely to suspect the credibility of the victim's statement.

B. However, the following facts and circumstances recognized by the evidence of the judgment are as follows.

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