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(영문) 창원지방법원 2014.09.19 2014고정450
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

At around 20:00 on August 11, 2013, the Defendant asked the victim D to cut water within Kimhae-si, and the victim caused injury that requires two-time medical treatment, such as unknown head damage, by putting the victim's upper part and reflection over the floor, on the ground that the victim is being towed and towed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness E;

1. Statement made to D by the police;

1. The chief of a complaint (Attachment of a medical certificate);

1. A copy of the working log;

1. Application of Acts and subordinate statutes on investigation reporting;

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

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant did not inflict any injury on the victim as stated in the facts charged at the time, and even if the defendant and the victim suffered any injury as a result of the victim's bodily contact with the defendant, such act was inevitably issued in the course of passive defense of the victim's unilateral assault during the process of defensive defense. Thus, the defendant's act constitutes legitimate defense or legitimate act

However, according to the evidence in the holding, it is difficult to view that the defendant's act constitutes self-defense or legitimate act under the Criminal Act in light of all circumstances, such as the process and process of the occurrence of the case at the time, the purpose, means, and the degree of violence.

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

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