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(영문) 서울중앙지방법원 2016.05.17 2015고정2424
상해
Text

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

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

Reasons

Punishment of the crime

On December 18, 2014, the Defendant reported that the Victim C, who resides together in Dongjak-gu Seoul Metropolitan Government B Apartment house 112 Dong 1002 on December 18, 201, drinks alcohol and does so in the ward, and, on the part of the Defendant, “Iskin to go with it.”

“Along with the defect, the victim’s desire to be a defendant, and the wounded, the victim blicked the victim’s face with the hand floor, and the victim’s face was blicked with both hands, and the victim blicked the victim’s face, and blicked the victim’s head on the face of the door, and the head was faced with the victim’s head on the face of the face, thereby causing injury to the victim, such as the victim’s number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Legal statement of the witness D;

1. Statement made by the police against C;

1. Each photograph and the department in charge of the accident of the 112 Incident 【The defendant inevitably exercised violence in the process of speaking the victim by engaging in an act, such as the victim's right to remain in the apartment with drinking, and this constitutes a justifiable act that does not go against the social norms. However, considering the above evidence, the violence by the defendant was committed for the same reason as the defendant alleged.

In light of the content, process, and degree of the injury, it is deemed that it meets the requirements of reasonableness, supplement, etc. necessary to recognize the act of a political party.

It is also difficult to see it.

[Application of Acts and subordinate statutes]

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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