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(영문) 의정부지방법원 2015.02.05 2014고정1886
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

C is the chairman of the D-Housing Reconstruction Emergency St. C, and the Defendant was the auditor of D-Housing Management Office, and C heard from the Defendant in the civil litigation court that “C is the president of D-Housing, and is driving away by embezzlement of public funds,” and sought the Defendant to comply with this.

On May 31, 2014, at around 22:45, the Defendant was assaulted from the victim C(59 years of age) at around 41 Dong-dong 41 and 201, and the Defendant met the victim's face by drinking flab and drinking.

As a result, the Defendant inflicted an injury on the fluoral base that requires treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A written diagnosis of injury;

1. Application of statutes on photographs of damage;

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. As to the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the act as stated in the Defendant’s criminal facts constitutes self-defense or legitimate act under the Criminal Act. However, in light of the process and motive of the occurrence of this case and the means and consequence of the Defendant’s aforementioned act, etc. acknowledged by the evidence of each judgment, the above act of the Defendant cannot be deemed as a justifiable act that does not violate the self-defense or social norms to defend unfair infringement of his/her legal interests.

Therefore, the defense counsel's above assertion is not accepted.

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