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(영문) 서울서부지방법원 2013.11.14 2012고정33
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

At around 21:30 on July 26, 201, the Defendant: (a) committed an injury on the part of the victim E, such as unasheshed the body of the victim E, by taking the victim E face into drinking at around 3 weeks; and (b) resulting in an injury to the victim, such as unasheding the body for treatment for about 3 weeks.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Partial statement of witness G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. The defendant and his defense counsel on the argument of the defendant and his defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the work site, asserts that even if the defendant had inflicted an injury on the victim, it constitutes self-defense or legitimate act to defend himself from the victim's attack.

However, according to the evidence mentioned above, it cannot be said that the defendant received the attack first from the victim and only met the defense. Thus, it cannot be said that the defendant's act constitutes a legitimate act that does not constitute self-defense or violate social norms.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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