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(영문) 대구지방법원 2014.10.23 2014고정1266
상해
Text

Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

피고인은 2014. 1. 9. 07:50경 경산시 C에 있는 'D' 공장 내 하차장에서 피해자 E과 사이에 피고인이 피해자의 운송 일을 가로챘다며 시비를 벌이다가 화가 나, 손으로 피해자의 멱살을 잡고 흔들어 피해자를 넘어뜨려 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Application of the police statement-related Acts and subordinate statutes to F;

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 claim of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the Defendant and the defense counsel had flabbbage of the victim as stated in the facts of the crime in the judgment of the Defendant, but this asserted that the Defendant’s act does not violate self-defense or social rules, inasmuch as the Defendant flabbbing and assaulted the Defendant’s bat

In light of the fact that the victim stated consistently from the investigative agency to this court that the victim "the victim had engaged in the franchising of the defendant, the defendant was in the same line with the victim," and that "F at the time of the occurrence of this case was "I knew what is because it is because it was due," but it was not well known to the investigative agency, and the victim stated that "I am franchising, sealed, and francing one another, and I am in the middle of this case," it is difficult to see that the defendant's act was unilaterally received attack from the victim and defend it passively. Thus, it cannot be deemed that the defendant's act constitutes an act that does not violate the self-defense or social norms."

Therefore, the defendant and defense counsel are argued.

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