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(영문) 춘천지방법원 영월지원 2012.09.21 2012고정173
상해
Text

Defendant

The sentence for B shall be suspended.

Defendant

A shall be innocent.

Reasons

Punishment of the crime

Defendant

B, around 11:00 on September 20, 201, the victim E (the 56-year-older) stated that the victim “(the 56-year-older)” was “the eromatic defect at our home.” However, the victim expressed the victim’s desire to “scopic”, and assaulted the victim’s back head at one time on the back head of the victim’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Application of the police protocol of statement to F;

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won into one day) of the Criminal Act for the detention in a workhouse;

1. Article 59 (1) of the Criminal Act (limited to a suspended sentence: Fine of 500,000 won, details of the crime in this case, degree of damage, etc.);

1. The part not guilty under Article 334 (1) of the Criminal Procedure Act (Defendant A);

1. At around 19:00 on September 18, 201, Defendant A violated the victim E (56 years of age) at one’s house located in Gangseo-gun G, Gangwon-do, and brought the victim’s body against it, added the victim’s body and brought it out of the house, and the victim, under the influence of alcohol, led the victim to the victim’s lopped by both hand and hand over the cement floor above the cement floor in front of the Hjuju station, and led the victim to the victim’s lopped lopped lopped lopped lopped lopped lopped lopped lopped lopped lopped lopped lopped lopped la

2. The defendant and his defense counsel's assertion that the defendant forced the victim's attempt to commit assault and assault under the influence of alcohol and caused the victim's injury during that process, which is a legitimate act.

3. Determination

A. Whether a certain act constitutes a legitimate act as a ground for excluding illegality should be determined reasonably and reasonably under specific circumstances. To be recognized as a legitimate act, the legitimacy of the motive or purpose of the act, the legitimacy of the means or method of the act, the reasonableness of the means or method, the third legal interest and the right of legal interest, the fourth urgency, and the fifth urgency.

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