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(영문) 대구지방법원 2013.11.29 2013고정1869
상해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 9, 2013, at around 01:45, the Defendant, without any justifiable reason, inflicted an injury on the victim D (the 50-year-old) (the 50-year-old-gu metropolitan restaurant) on the part of the Ccafeteria in Daegu-gu, Daegu-gu, and caused the victim’s distribution and bridge part over the floor and the body part of the vehicle, and caused the victim’s injury, such as an in-house bed and an in-house bed, the treatment date of which cannot be known when she met.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An investigation report (Attachment of photographs of an injury of a victim);

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs of victims;

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

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

1. The defendant alleged that the act in this case constitutes self-defense under Article 334(1) of the Criminal Procedure Act, but considering all the circumstances such as the background and form of the assault in this case, and the part and degree of the injury in this case acknowledged by each of the above evidence, the defendant's act is deemed to have the nature of an attack beyond the passive defense limit, and it cannot be deemed that there is a considerable reason for an act to defend the present unfair infringement. Thus, the above argument by the defendant is without merit.

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