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(영문) 창원지방법원 통영지원 2014.06.11 2013고단317
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 21:20 on January 8, 2013, the Defendant expressed a bath to the Defendant due to food problems, etc. within 202, the Defendant, against D’s assault defects, such as breabing a breab, scaming a breab, schilling the Defendant’s breab, etc., and flabing off D’s left hand hand, and caused D to go up by plucking it, thereby causing injury to D, such as salt, tension, etc. on the left left hand, which requires D’s treatment for two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes to photographs and diagnostic records of each damaged part of the suspect;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. The defendant's defense counsel's assertion as to the assertion of the defendant and defense counsel under Article 59 (1) of the Criminal Code (including the circumstance that may be considered in the course of this case, the degree of injury is minor, and the defendant has no criminal power for the same kind of crime) of the suspended sentence, is a passive resistance to escape from D's assault. However, in light of the circumstances acknowledged by the aforementioned evidence, contents and method of harmful act, etc., the defendant's assertion alone cannot be viewed as a justifiable act that does not go against social norms, and thus, the above assertion

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