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(영문) 대구지방법원 2014.02.07 2013고정1731
상해
Text

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

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

Reasons

Punishment of the crime

On February 18, 2013, at the defendant's house located in Daegu Northern-gu C on February 16, 2013, the defendant discussed as the issue of victim D (39 years of age), rent, and electric charge, and caused the victim's losses by arbly agreement, and caused the victim beyond the floor by breaking booming breath, thereby causing approximately two weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. Examination protocol of police suspect regarding D;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes concerning the photographs of the upper parts of D;

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 alleged that the act in this case constitutes self-defense under Article 334(1) of the Criminal Procedure Act, but considering all the circumstances such as the background and form of the assault in this case, and the part and degree of the injury in this case acknowledged by each of the above evidence, the defendant's act is deemed to have the nature of an attack beyond the passive defense limit, and it cannot be deemed that there is a considerable reason for an act to defend the present unfair infringement. Thus, the above argument by the defendant is without merit.

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