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(영문) 창원지방법원 2015.05.13 2015고정17
상해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Around 19:15 on August 17, 2014, the Defendant driven a C EcooS car and proceeded along the two-lanes of the two-lane road in front of the Eccafeteria located in D at Kimhae-si, the Defendant changed the vehicle from the right side to the front side to the front side of the Defendant, and led the victim to rapidly enter the front of the EcooS car and set the said cood car.

After that, the Defendant, who gets off from the vehicle with the victim H(64) who is the spouse of the said victim and the victim H (64 years old), brought about multiple scambling scamblings, etc. requiring approximately three weeks of medical treatment to the victim F, and inflicted injury on the victim H, such as the need for medical treatment for about three weeks of treatment.

(1) The defendant and his defense counsel asserted to the effect that the defendant's act against the victims is merely a passive defensive act, and thus constitutes self-defense or legitimate act. However, according to the evidence duly examined and adopted by the court, the exercise of force against the victims of the defendant is not limited to a simple defensive act to defend unfair attack, but also has the nature of an attack. Thus, the defendant and his defense counsel's above assertion cannot be accepted).

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol against H and F;

1. Police prosecution letter (informating investigation report and diagnosis document);

1. Application of film-related Acts and subordinate statutes to CDs (booms and video files);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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