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(영문) 대구지방법원 2013.10.16 2013고정1220
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Victims C (the age of 37) is the director of the D Hospital, and the defendant is the self-employed.

The victim, who is the spouse of the defendant, worked as an assistant nurse at the D Hospital, was called the ‘unfair dismissal', and led to the hospital', and returned to the hospital's residence.

On March 20, 2013, at around 14:00, the Defendant, against the assault of the victim in front of the Daegu Suwon-gu F, was injured by the Defendant’s flaps and flaps of the flaps, and the Defendant committed an open wound of the 14-day flaps and flaps of the flaps and other flaps that require medical treatment for 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and C;

1. Photographs of the suspect;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. The defendant and his defense counsel asserted that the above act constitutes self-defense or legitimate act, and thus, the illegality should be avoided. However, in full view of the form of the act of the crime of this case, the circumstances surrounding the crime, the situation at the time of the crime, and the degree of the injured party's situation, etc., it is reasonable to deem that the defendant's act constitutes an act of attack beyond a mere defense, and it cannot be deemed as an act of self-defense or legitimate act. Thus, the above assertion is rejected.

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