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(영문) 서울북부지방법원 2019.09.25 2019고정777
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 20, 2019, at around 23:40 minutes in Seongbuk-gu Seoul, the Defendant assaulted the victim's head debt with a middle school Da (n, 47 years of age) at the 'C' restaurant in Seongbuk-gu Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. The suspect interrogation protocol of the defendant or D with the police officer;

1. Investigation report (number of suspects and letters sent);

1. Application of the Acts and subordinate statutes to the place of criminal investigation and report on internal investigation;

1. Article 260 (1) of the Criminal Act applicable to the crimes;

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

1. The defendant and his defense counsel asserted that the defendant's act constitutes legitimate self-defense to defend himself against an unfair infringement, such as the defendant's face that the defendant's act goes beyond the care of the defendant's face, and that the defendant's act constitutes legitimate act that does not go against social rules even if it is not a legitimate act.

According to the statements of each of the above witnesses, the defendant's act is not a unilateral assault from the victim, but the defendant appears to have taken the victim's head first. Thus, the defendant's act constitutes self-defense.

Defendant’s assertion that it constitutes a legitimate act is rejected.

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