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(영문) 수원지방법원 2016.01.13 2015고정2405
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

On April 21, 2015, the Defendant: (a) was on board a bus No. 777 that was stopped on the bus platform No. 909-15 bus platform in Suwon-gu, Suwon-gu, Suwon-si; (b) on April 21, 2015, the Defendant spited the victim’s face on the face of the victim who was seated on the bus, and spite the victim’s face and knee in drinking; (c) knee kne knee kne kne kne kne kne kne kne kne kne kne, thereby resulting in an injury to the victim on the days of treatment that the victim kne and kne kne kne kne kn kn kn kn kn kn kn knn knn knn

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A investigation report (1) and a investigation report (CCTV image analysis) (1)

1. A damaged photograph (C);

1. Application of the Acts and subordinate statutes related to drilling (one CD for CCTV inside urban buses);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

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

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant alleged that he was at the time of his own victim’s exercise of face because the victim first taken the face of the Defendant, and thus constitutes a legitimate defense. However, according to the evidence of the judgment, there was a physical fighting in the course of boarding the bus, i.e., the following circumstances: (i) the Defendant was found

However, considering the fact that the defendant's act of the defendant was an act to defend the present unfair infringement, it cannot be viewed as an act to defend the present unfair infringement, and thus, the defendant's assertion is rejected. The defendant's act cannot be seen as an act to defend the present unfair infringement, taking into account the following: (a) the defendant's body fighting is terminated, (b) the defendant moved back to the victim's seat after he/she was seated; and (c) he/she was faced with the victim's face by drinking.

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