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(영문) 춘천지방법원 강릉지원 2015.09.09 2015고단376
상해
Text

Defendants shall be punished by a fine of KRW 700,000.

If the Defendants did not pay the above fines, they shall be prohibited.

Reasons

Punishment of the crime

1. On February 24, 2015, Defendant A: (a) around 10:30 on March 24, 2015, Defendant A heard the sound between the Defendant and his vice-principal as a matter of usual business division at the F High School Teaching Administration Office at C, which had not been good for the Defendant; and (b) during the process of public document reading, Defendant A got a sound of dispute between the Defendant and his vice-principal, and participated in the dispute with the victim B, Defendant A was pushed down with the victim’s left hand.

As a result, the defendant suffered from the victim B about two weeks of treatment, such as the impairment of the reputation of the part above the part of the victim, and the scambling, etc.

2. Defendant B, at the time and place described in the above paragraph 1, had the face of Defendant B at one time with the victim A (the victim, the age of 28) in his/her hands while the dispute occurred with the victim A.

Accordingly, the defendant put the victim A with approximately 14 days of medical treatment, open room for drinking to the right side.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of the witness H and I;

1. A’s legal statement (as to the defendant B), which is made by the witness

1. Each police statement made to J;

1. Application of relevant photographs, and each written diagnosis to statutes;

1. Relevant Article 257 (1) of the Criminal Act and the choice of a fine for a crime;

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

1. Determination as to the assertion by the Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act, respectively.

1. The summary of the argument, Defendant B, and the defense counsel, at the time, contact the victim with the Defendant’s arms.

Even if the defendant, who is kidne and physically open, is merely an anti-legal act to prevent the victim from committing more serious violence, and thus constitutes self-defense.

2. In a case where it is reasonable to view that the perpetrator’s act was a attacked with one another’s intent to attack the victim’s unfair attack rather than to defend the victim’s unjust attack, and that the attacked act was a defensive act.

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