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(영문) 수원지방법원 2014.07.23 2014고정399
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 21:20 on October 19, 2013, the Defendant injured the victim C face twice due to drinking while waiting for the bus at the bus stop in the Gosung-nam Housing Site, Goodong apartment site, Goodong apartment site, Goodong apartment site, Goonam-gu, Young-gu, Masung-dong, on the ground that the Defendant was going to take part in the bus at the bus stop, and the Defendant was able to walk up the above C face two times due to drinking, and the Defendant was able to walk up the chest of C, and caused approximately six weeks of selling trees to be treated.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the head of a complaint and C;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. 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 of the provisional payment order. At the time, the defendant's act of assaulting the victim as stated in the facts charged of this case was inevitably issued in the course of passive defense to prevent the victim from assaulting the defendant in advance. Thus, the defendant's act constitutes self-defense and thus, it

However, according to the evidence above, it is difficult to view that the defendant's act constitutes self-defense under the Criminal Act in light of all circumstances such as the progress of the case at the time, purpose and means, degree of assault and injury, etc.

Therefore, the above argument is without merit.

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