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(영문) 부산지방법원 동부지원 2017.05.25 2016고정1158
상해
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 01:00 on June 25, 2016, the Defendant assaulted the victim by threatening the victim’s female-friendly group of the victim to turn on to the Defendant while taking advantage of the victim’s G, who was taking advantage of the victim’s crick-type amusement equipment in the place, and assaulting the victim by threateninging the victim to turn on to the Defendant, and threatening the victim’s body during a dispute with the victim.

Summary of Evidence

1. A criminal investigation report (Attachment to on-site CCTV shooting data, etc.);

1. Application of statutes on on-site CCTV filming data;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. The summary order against the defendant on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is not acknowledged, based on the premise that the result of the injury was caused by the victim, the background of the instant case (in particular, it is recognized that the victim is more responsible than the victim), and all other factors of sentencing as indicated in the instant case, and the sentence is determined as ordered.

Defendant

However, according to the evidence duly adopted and examined by this court (in particular, on-site CCTV filming data), the fact that the victim exercised the force of force against the defendant by using breath, etc., but the defendant also exercised the force against the victim beyond the scope of legitimate defense or legitimate act. Thus, the above argument is rejected.

The acquittal portion

1. The summary of this part of the facts charged is that the Defendant assaults the victim's body at the time and place specified in Paragraph 1 of the facts charged as indicated in the judgment, such as pushing the victim's body and cutting his arms, and thereby requiring treatment for about 14 days.

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