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(영문) 인천지방법원 부천지원 2016.08.19 2016고정158
상해
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On August 27, 2015, the Defendant, around 09:40, around Kimpo-si, D 306 403 Dongpo-si, Dongpo-si, and the victim E (61 3) of Dongpo-si, was able to walk the victim's clothes and walk the victim's clothes. On the other hand, on the other hand, on the other hand, on the other hand, around two weeks of elbow face, the Defendant left the elbow in need of approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Photographs of damaged parts (E, A);

1. Determination as to the defendant's assertion of each injury diagnosis letter

1. The Defendant asserted that he was unilaterally assaulted by the injured party, and that he did not cause an injury by assaulting the injured party.

Defendant assaulted a victim.

Even if the defendant's act is a passive resistance to escape from violence of the victimized person, it is a legitimate defense.

2. Where it is reasonable to view that the perpetrator’s act of attacked with one another’s intent to attack the victim’s unfair attack rather than with a view to defending the victim’s unfair attack, and that the perpetrator’s act of attacked with one another, and went against it, it cannot be viewed as a legitimate defense because it has the nature of the act of attack at the same time as the defensive act (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). According to the above evidence, it is recognized that the fact that the defendant committed a conflict with the victim who was friendly with the victim at one’s own house and committed an injury, such as the blue blue, etc., against the victim by assaulting the victim (the victim and the defendant’s mother, stated in this court that the victim and the defendant’s mother were in unilaterally and unilaterally met with the defendant, but the F is highly likely to make a favorable statement against the defendant for five years, and that the victim did not make a statement to the F.

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