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(영문) 수원지방법원 성남지원 2017.09.06 2017고정510
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was in the situation where the defendant was visiting the main family of the defendant who was located in Gangwon-gun D with the victim C (Woo, 31 years of age) and the prosecution.

On September 14, 2016, the Defendant: (a) around September 21, 2016, on the road in front of the Defendant’s principal domicile; (b) on the ground that the Defendant, she had a dispute with the previous Defendant, and the victim, she would come home, and she went back to E (4) and F (2).

"At the same time, the victim's face was expressed in several times and the victim exceeded the floor.

As a result, the defendant suffered from the victim's 21 days of treatment, such as the following and the pelvis's tymorry and the pelvis's tymor's tymorry, and the treatment period.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by the police against the victim;

1. The written statement of the defendant;

1. Reporting on the arrest of a case;

1. A table of report on the settlement of cases 112;

1. The defendant asserts that the defendant's above act constitutes a legitimate defense or legitimate act for seeking a child, only when he/she exercised his/her physical force, such as the victim's head, by intending to put his/her child in danger, and did not have been injured by the victim due to the exercise of such physical force.

However, according to the evidence presented in its holding, in particular, the victim's specific statement in the investigative agency and court, the victim's report to 112 at the time, the measures taken by police officers dispatched at the time, and the contents of the diagnosis of injury, the exercise of the above tangible force by the defendant is a crime of injury under the Criminal Act, and it is difficult to view such act constitutes a legitimate defense or a legitimate act.

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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