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(영문) 수원지방법원 안양지원 2018.08.30 2018고단485
상해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 20, 2017, the Defendant 201:10, 01: (a) 01:10, the Defendant dumpeddddd Does in front of the Gu, on the ground that the victim C (23 Does) in front of the Gu, was acting without a brucation by the Defendant’s living together; (b) the Defendant dumpted the Defendant’s flab, and dumd dump or dumped flad

Accordingly, the defendant assaulted the victim.

2. In the date and time set forth in paragraph 1, at the place, the injured Defendant was injured by the victim E (23) of the above C, who was the one of the above C, by breaking the Defendant’s face, and then breaking the Defendant’s front part of the Defendant’s life-sustaining part, which was cut off by drinking and sprinking the Defendant’s body, thereby making up approximately 57 days of the victim’s left eye and causing injury to the victim, such as the removal of the inside wall and the removal of the inner wall.

Accordingly, the defendant injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The protocol of interrogation of each police officer in relation to E and C;

1. As to the defendant's assertion of the defense counsel in the medical certificate of injury, the defense counsel asserts that in relation to the defendant's crime of injury in this case, the defendant's act constitutes a legitimate defense or an excessive defense that constitutes a case of fear at night, etc., and thus, cannot be punishable because it constitutes a case where the defendant's act constitutes a legitimate defense or an excessive defense that constitutes fear at night.

In order to establish a legitimate defense under Article 21 of the Criminal Act, the act of defense shall be socially reasonable, taking into account all specific circumstances, such as the type, degree, method of infringement, completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see, e.g., Supreme Court Decision 2003Do4934, Jun. 25, 2004). According to the evidence and witness testimony, etc. mentioned above, at the time of the instant case, the defendant and witness testimony, etc.

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