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(영문) 대구지방법원 2017.05.25 2017고정335
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 20, 2016, the Defendant: (a) around 09:10, in front of the Daegu Suwon-ro 227 National Police Agency in Daegu-gu; (b) on the front of the Korean National Police Agency in Daegu-gu, Daegu-ro, 227, the Defendant used a personal taxi operated by the Victim B (60) to take advantage of the victim B (a private taxi) and to leave the site without paying the taxi fee. In order for the victim to have the victim’s right to enjoy dancing with his own hand and to spread the defect, the Defendant dump of the victim’s left hand.

As a result, the Defendant inflicted an injury on the Defendant’s divers of diversous diversous diversous diversous dives of the left-hand dives.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect B of the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that the Defendant’s argument regarding Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is a crime of this case in order for the victim to have the Defendant danced for about 10 minutes, and to gather it by drawing it to the above, and thus, it does not constitute a crime by blocking illegality as a legitimate defense.

However, in order for a certain act to be recognized as a legitimate defense, it must be reasonable to defend the current unfair infringement of one’s own or another’s legal interest, and thus, it is not recognized as a legitimate defense against an unlawful legitimate infringement (see Supreme Court Decision 2003Do3606, Nov. 13, 2003). According to the evidence duly adopted and examined by the court, the act of the victim’s act of making the victim unable to enjoy dancing of the defendant who tried to leave the scene without paying the taxi expenses constitutes a justifiable act that does not violate the social rules, and thus, there is an unfair infringement of the legal interest of the defendant.

The defendant's act can not be seen as a legitimate defense.

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