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(영문) 의정부지방법원 고양지원 2014.10.01 2014고정324
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 October 9, 2013, the Defendant, at around 22:15, 2013, engaged in a dispute over the drinking value at the “E” restaurant operated by the victim D (the age of 60) in Pakistan, and assaulted the victim by booming the breath of the victim by hand in line with the breath of the breath.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the Defendant’s act constituted self-defense or legitimate act by committing the instant crime in an effort to defend the Defendant’s back part of the victim, such as the criminal facts. However, in light of the motive, circumstance, means and method of the instant crime, damage result acknowledged by the evidence duly adopted and investigated by the court, the relationship between the Defendant and the victim before and after the instant crime and the victim, and the degree of assault, etc., it is not recognized that the Defendant’s act constitutes an act to defend against the current unfair infringement of the legal interests of him or others, or a justifiable act that does not violate social rules.

Part of innocence (not guilty in the Grounds)

1. Around October 22:15, 2013, the Defendant: (a) at the “E” restaurant operated by the victim D (the age of 60) of the Republic of Korea (hereinafter “E”), brought a dispute over the drinking value; (b) was flabed from the victim; and (c) was flabed by flabing dubs of the victim by hand; and (d) was flabing the victim’s b1-day medical treatment for approximately 21 days.

2. According to each of the evidence mentioned above, the defendant D.

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