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(영문) 대전지방법원 2014.03.28 2013고정2268
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 August 30, 2013, at around 20:0, the Defendant: (a) stated that the Defendant “I would like to refuse to do so” to the victim E (hereinafter referred to as “I would like to do so”); and (b) the Defendant stated that “I would like to do so” to the victim E; (c) the victim caused the defect that “I would like to do so,” “I would like to see the victim’s face on one occasion by drinking the victim; (d) the victim was able to take head bonds on one hand; (e) the head bonds in both hands; and (e) the head bonds were cut over on one hand; and (e) the Defendant was able to take the head bonds of the victim on one hand; and (e) the Defendant got off the head bonds of the victim on one hand; and (e) the victim got off the head bonds without taking off the head bonds of each other; and (e) the victim was in need of treatment and treatment for 14 days.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written diagnosis of injury (seven pages of investigation records);

1. The defendant's assertion on the victim's photograph (54 pages of investigation record) is limited to the fact that the defendant has suffered bodily injury by his act against the victim's assault, and the victim did not suffer bodily injury, and the victim's bodily injury occurred in the course of assaulting the defendant. Even if the victim suffered bodily injury due to the defendant's assault, it constitutes self-defense. However, according to the evidence of the judgment, the defendant and the victim suffered bodily injury as stated in the facts of the crime of the victim's judgment, and it is recognized that the defendant suffered bodily injury as stated in the victim's own act since the defendant's act was in the nature of defense in light of the circumstance of fighting and the form of assault. Thus, the defendant's assertion is not accepted.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 257(1) of the Criminal Act concerning the selection of criminal facts;

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