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(영문) 인천지방법원 2014.04.18 2013고정4277
상해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 7, 2013, at around 07:43, the Defendant opened a house where the victim D(the age of 48) was living together with the victim E (the age of 34) in Yeonsu-gu Incheon Metropolitan City Ctel 833 on August 7, 2013, and on the ground that the Defendant said that “the victim D was slicked to be slicked”, the Defendant slicked the victims, the victim D’s body, and broken the victim D’s left part.

The Defendant continued to catch the victim E in his hand and had the left part of the victim E as a saw.

As a result, the Defendant respectively put the victim D on the left side side side side side of which requires approximately two weeks of treatment, and on the victim E’s base base for 3 days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Photographss of damaged parts D and E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D, E);

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant asserts that the judgment of the defendant and his defense counsel on the assertion of the provisional payment order under Article 334(1) of the Criminal Procedure Act constitutes legitimate self-defense or legitimate act because he was forced to escape from the illegal attack unilaterally by the victims.

In light of all circumstances, such as the background, means, method, degree of damage, etc. of the crime of this case, which are acknowledged by the above evidence in the holding, the defendant can be recognized as having actively assaulted the victims, not only passive defensive acts but also actively. Thus, the above argument by the defendant is rejected.

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