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(영문) 수원지방법원 2016.03.24 2014고정2497
상해
Text

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

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

Reasons

Punishment of the crime

On September 25, 2013, at around 19:30 on 19:30, the Defendant demanded that the Defendant pay the victim D (33 Does and souths) with the Defendant’s claim in front of the cafeteria C cafeteria located in Masung-si B, and the Defendant inflicted an injury on the Defendant, such as an inner dysium, face, ear, and neck, by assaulting about 10 times the victim’s head with his left hand, and committing assaulting about 10 times the victim’s head, thereby doing so.

Summary of Evidence

1. The 11-time trial record;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement made to D or E;

1. The victim’s photograph and injury diagnosis report [the defendant and his defense counsel merely alleged that the defendant did not assault the victim on his own by drinking and that the victim spawn the victim’s hand during the process of physical search from the victim’s body, and thus constitutes a legitimate defense or legitimate act. However, according to the evidence above, the defendant was found to have inflicted an injury by assaulting the victim as stated in the crime, and the victim was found to have inflicted an injury by assaulting the victim as the victim’s crime, and the victim’s body was searched by attaching

In light of the degree of assault by the defendant, etc., the above assertion cannot be accepted since the defendant's above act cannot be viewed as a passive resistance act, and it cannot be viewed as a legitimate defense or legitimate act.

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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