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(영문) 부산지방법원 2015.11.11 2015고정2412
상해
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

At around 04:20 on January 25, 2015, the Defendant, at the home of the Defendant, set up against the assault of the Victim E (ma, 26 years of age) and the Victim E (ma), and as a result, had the face of the Victim taken care of about 20 days for drinking.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The first police suspect interrogation protocol for the accused and E each;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of the medical certificate (E);

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

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

3. The Defendant’s defense counsel’s assertion of the defense counsel under Article 334(1) of the Criminal Procedure Act alleged that the Defendant committed an assault against the victim as stated in the facts charged by self-defense or political party act to oppose the victim’s violence. However, in light of the developments and means of the instant case acknowledged by each evidence as indicated in the holding, the victim unilaterally committed an attack.

The above defense counsel's assertion is without merit, since it cannot be deemed that the defendant exercised the force only to the extent of passive defense as a means of resistance to protect himself/herself from an unlawful attack and escape therefrom.

It is so decided as per Disposition for the above reasons.

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