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(영문) 서울서부지방법원 2018.03.22 2017고정1640
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

On July 4, 2017, the injured party C (the age of 57) committed a mistake that the accused was in an inappropriate relationship with the husband of the injured party on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul around July 4, 2017. On this ground, the Defendant’s head knife and knife the Defendant’s head knife while disputing the Defendant.

On the contrary, the Defendant saw the victim's head knife in knife with knife with knife and knife the victim's chest part with knife with knife with knife, thereby causing injury to the victim, such as flife, tension, etc.

Summary of Evidence

1. A protocol concerning the examination of suspect by the police against C or the accused;

1. Investigation report (a statement by a wooden phone), investigation report (a diagnosis report and other attachment);

1. Application of Acts and subordinate statutes to the photographs of damaged parts (Evidence Nos. 3);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 257 (1) of the Criminal Act;

1. Punishment to be suspended: Fine of 500,000 won;

1. Attraction of a workhouse: Articles 70(1) and 69(2) (one hundred thousand won a day) of the Criminal Act;

1. Suspension of sentence: Article 59(1) of the Criminal Act (the fact that there is no record of punishment against the defendant, the victim was found to have caused the crime of this case in the course of setting up against the defendant by using violence, i.e., the victim's injury) provides that the facts arising from the victim's use of violence can be acknowledged in light of the evidence revealed in the judgment of the legitimate defense of the defendant. However, in light of the witness's statement and the degree and degree of the victim's injury, the victim's act was not a passive defensive act but a active anti-defense against the victim.

may be appointed by a person.

Therefore, the defendant and defense counsel's legitimate defense cannot be accepted.

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