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(영문) 서울서부지방법원 2014.12.02 2014고정1262
상해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 24, 2014, at around 19:10, the Defendant sent the above restaurant signboard set up in front of the D'D' restaurant located in Mapo-gu Seoul, Seoul, to determine why the victim E (the 50-year-old age), who is an employee of the above restaurant, “I am going to walking the signboard”. The Defendant expressed the victim’s desire to “I am to walk the signboard, I am to am am spher, I am spher, I am spher, I am the victim’s head, I am off the ground, I am the victim’s head, and walk the victim’s clothes once, I am the victim’s head at three times, and am 4 meters, I am the victim’s head at her own time, and am kn am.

As a result, the defendant suffered injury to the victim, such as brain-dead sugar and the left-hand sponsor, which require treatment for about three weeks.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

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

1. Application of the police statement of E (including an injury diagnosis certificate attached thereto) Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts to the effect that the victim committed the crime of this case in an effort to defend the defendant by assaulting the defendant first, and constitutes self-defense. However, according to the evidence duly adopted and investigated by the court, the defendant was found to have committed an act like the victim’s intent of attack while the victim was in dispute with the victim. In light of the motive, circumstance, form, etc., it cannot be viewed as self-defense to defend unfair infringement of his/her legal interests, and thus, the above assertion is rejected.

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