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(영문) 대전지방법원 천안지원 2017.11.30 2017고정619
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 01:05 on December 7, 2016, the Defendant inflicted injury on the victim E (the remaining, the age of 17) who was a customer at the “D” restaurant operated by the Defendant in Nam-gu, Nam-gu, Seocheon-gu, the Defendant: (a) caused the disturbance of the victim; (b) led the victim's body part outside the restaurant; and (c) led the victim's face, knee and knee with drinking and kne-free side knee for about 56 days; and (d) caused the victim to be treated for about 56 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. On-site photographs;

1. A medical certificate of injury (E) / (E) at the time and place on which the Defendant entered the facts of the crime, when the Defendant took part of the body of the E, taken out of the restaurant, taken out of the restaurant, knee and knee E face and side knee on several occasions.

“The point is sufficient as witness E, F, and G’s respective legal statements.”

In comparison between the part of the injury of E indicated in the medical certificate of injury of one part and the part of the method where the defendant price E, in addition to the defendant's act of injury, the injury suffered by E was caused by the defendant's act of recording the criminal facts, unless there is any data that there was any flick or flick assault other than the defendant's act of injury.

It is reasonable to view it.

On the other hand, the defendant asserts that it constitutes a legitimate defense or a legitimate act, since he was an act to suppress E that operates in the restaurant of the defendant.

However, in light of the method and degree of assault, it is difficult to view the act committed by the defendant as an act to defend the unfair infringement of E, and it did not have any reasonable reason.

In addition, the act can not be considered as violence or injury to the extent permitted by social norms.

Defendant and defense counsel’s assertion are not accepted

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime.

1. The Criminal Act to attract a workhouse;

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