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(영문) 서울북부지방법원 2017.04.13 2016고정701
상해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 9, 2016, at around 21:30 on January 21, 2016, the Defendant inflicted a wound, etc. on the victim's face when the victim D (54 years old) was taken in time, on the ground that the Defendant was dissatisfied with his/her daily behaviors in Jung-gu Seoul Metropolitan Government B, and the Defendant inflicted a wound, etc. of the victim when the victim was taken seven to eight times.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes governing standing photographs;

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. The argument and judgment by the Defendant under Article 334(1) of the Criminal Procedure Act that the act committed to avoid assault by the other party constitutes a legitimate defense or legitimate act. However, in full view of the circumstances acknowledged by each evidence of the judgment, the details of the instant crime, the specific method by which the Defendant inflicted an injury, and the part and degree of injury, etc., the Defendant’s act in its judgment is deemed to have the nature of an attack beyond the minimum degree of defense that can be recognized as a legitimate defense, and it is merely a passive defense that does not violate the social rules.

Since it cannot be seen as a justifiable defense or a justifiable act, it cannot be viewed as a justifiable act.

Therefore, the above argument is not accepted.

Parts of innocence

1. The summary of the facts charged is that the Defendant, at the time and time stated in the facts constituting the offense in the judgment, sustained the victim’s face with knee and fele up the victim’s face, thereby cutting down the victim’s booming

2. As evidence corresponding to this part of the facts charged, there are police statements, standing photographs, etc. of the injured party.

However, in full view of the following circumstances that can be recognized by each evidence duly adopted and investigated by the court, the above evidence and the remaining evidence submitted by the prosecutor are insufficient to recognize this part of the charges.

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