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(영문) 서울북부지방법원 2016.09.29 2015고정2076
상해
Text

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

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

Reasons

Punishment of the crime

On May 12, 2015, the Defendant: (a) around 23:57, at the main point of “D” located in Jung-gu Seoul Metropolitan Government, divided the victim F and personnel affairs into E’s introduction; (b) the victim F and 57 years old; and (c) the victim, along with the victim with the victim, left the above main point with his/her head, etc.; and (d) the victim was faced with the victim with his/her head, etc.; and (e) the victim was forced to undergo the victim’s surgery for about two weeks when he/she met the target part of the victim’s drinking.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Each police protocol concerning the F to examine the suspect (limited to the part concerning the statement of the F);

1. Application of Acts and subordinate statutes to a criminal investigation report (F medical opinion, and attaching damaged photographs);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The Defendant and the defense counsel’s assertion regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserted that the Defendant’s act constitutes a legitimate defense, and thus, illegality is denied. However, in light of the circumstances and motive of the instant case, method of crime, result, degree of the act, etc. acknowledged by the evidence above, the Defendant’s act does not constitute a legitimate defense.

Therefore, the defendant and his defense counsel cannot be accepted.

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