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(영문) 광주지방법원 2021.02.17 2020고정922
상해
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 15, 2020, the Defendant: (a) around 15:30 on August 15, 2020, the victim D(60 years of age) in the “C” shooting room located in Gwangju Northern-gu, Gwangju-gu, followed by her hand by breaking his own neck and head debt; (b) on his hand, the victim’s scambling with her scambling with her head debt, and scambling his head debt with her hand, and caused damage to the scambling part of head, scambling, etc. which require treatment for about 14 days.

Summary of Evidence

1. The legal statement of witness D and E;

1. A photo of the damaged part;

1. A written diagnosis of injury;

1. The defendant and his defense counsel asserts that the act of the defendant constitutes a legitimate defense that occurred in the course of defensive defense against the violence of the victimized person.

According to the evidence of the court below, the defendant's act is not a passive defense against the victim, and it is reasonable to view that the defendant's act constitutes a separate attack, not a passive defense against the victim, since the defendant's act is not a separate attack against the victim in light of the method and degree of the assault committed by the defendant, the part of the assault, etc.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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