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(영문) 부산지방법원 2016.07.13 2016고정1187
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is between the victim C (75) and neighbors.

On November 2, 2015, the Defendant, at around 10:00 on November 2, 2015, against the above victim, who was in dispute over the issue of imposition of the water supply tax of the above apartment in front of 101 in Busan Dongdong-gu D apartment No. 101, the Defendant, “Isle to the calculation of the water use fee, and is against the victim’s face with the documents, bags, and the drinking face, “Isle to the end, Isle to the end.”

In this context, the victim suffered an injury such as the left knife knife knife, knife knife knife knife knife knife knife knife by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C (a statement that, after having got the victim by submitting a document cited by the witness while the defendant was carrying with him/her, the defendant was also satisfing him/her and her was satisfing his/her finger);

1. Legal statement of witness E (the content that the defendant and the victim had been in dispute with each other during counseling with the defendant and entered the surrounding apartment complex after having requested assistance, and the defendant and the victim had livedd with each other);

1. A copy of the diagnosis of injury [the defendant's act is merely a passive act to defend against the defendant's attack. However, according to the above evidence, even after the victim committed an assault, such as the victim's leaving the defendant as the victim, it is recognized that the defendant satise and satched with the victim. Thus, the defendant's act is merely a passive defense act.

Defendant

We do not accept the assertion of counsel.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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