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(영문) 수원지방법원 안양지원 2018.04.27 2018고정107
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 October 20, 2017, the Defendant: (a) around 17:00, on the Royang-gu B housing rooftop in Anyang-gu, Annyang-si, the victim C (62 years of age) and wage problems; and (b) assaulted from the victim; and (c) against this, the Defendant saw the victim’s right eye by drinking, which requires approximately two weeks of treatment, and was influence around the snow and the snow around the snow.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols concerning the interrogation of suspect with respect to C, and photographs attached thereto;

1. Reports on internal investigation (Submission of a medical certificate of injury C by the suspected person C);

1. The defendant asserts that an investigation report (as to the statement of a wooden scams), [the defendant asserts that an injury recorded in the facts of crime constitutes a legitimate defense as a defense against himself/herself from violence committed by the victim.]

However, in full view of the background leading up to the dispute known by the above evidence, the victim's injury and the degree of the victim's injury, etc., the defendant's injury cannot be deemed as an act aimed at defending the unfair infringement of himself/herself, and there is a considerable reason

Therefore, we cannot accept the above argument.

Application of Statutes

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

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

1. Article 62(1) of the Criminal Act on the stay of execution (Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Da11448, Apr. 2, 201; Supreme Court Decision 2009Da1448, Apr. 2, 201)

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