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(영문) 춘천지방법원 2016.06.22 2016고단309
특수상해
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 24, 2015, at around 14:40 on May 24, 2015, the Defendant told the victim of alcohol while drinking alcohol together with D and victim E (52 tax) at the Defendant’s house located in Chuncheon City, the Defendant told the victim to get off the liquor, which is a dangerous thing for D, on the ground that D “I only go back.”

Accordingly, the victim called the defendant "influence anywhere fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting fighting the head of the defendant by the above fluent soldier, and due to this fluence, the fluence of the defendant's left side has reached two times due to the fluence of the fluence disease.

As above, when the defendant snife the shoulder part of the victim from the victim's illness with fiff, the defendant siffed the part above the fiff, and caused the victim's clothes to the left part requiring hospital treatment for up to 13 days by transition ( approximately 20cc in total length, about 10cc in length, about 10cc in knife length) on the fiff.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of investigation reports (Evidence 5), field photographs-related Acts and subordinate statutes;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion of the defendant, the defendant, and the defense counsel under Article 62-2 of the Criminal Act regarding the observation of protection and the attendance order

1. The summary of the argument and the defense counsel are that the defendant committed the crime of this case only once the head from the injured person to the soften's disease, and the shoulder part by the soften's disease forced to defend him. Thus, this constitutes a political party defense or excessive defense, and even if the above requirements are not met, it can be viewed as a defense at least at least by the frith.

The argument is asserted.

2. Determination

(a) to recognize an act as a legitimate defense is to protect the present infringement of one’s own or another’s legal interests;

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