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(영문) 인천지방법원 2012.11.23 2012고정2403
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On February 27, 2012, around 22:10 on February 27, 2012, the Defendant: (a) committed assault against the victim, such as the victim’s knee, knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn (k).

Summary of Evidence

1. Legal statement of witness D;

1. Each prosecutor's protocol of examination of the accused and D by the prosecution;

1. Each police interrogation protocol on the accused and D;

1. Application of the police statement law to the defendant

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 700,000 won to be suspended;

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

1. The defendant and defense counsel asserted that Article 59(1) of the Criminal Act (the defendant has no record of being punished for a crime before the time of the instant case, there are circumstances that may be considered in the circumstances of the instant case, and other factors of sentencing such as age, character, conduct, home environment and economic circumstances) and defense counsel's assertion of the defendant and defense counsel. The crime of this case argues that the crime of this case constitutes self-defense as an act to defend the defendant from assault by the victim and constitutes self-defense.

However, in light of the motive and circumstance leading up to fighting between the defendant and the victim, the process and result of fighting, etc., the crime of this case cannot be deemed self-defense since the crime of this case has the nature of the defendant's act of attack against the victim's attack. Thus, the argument of the defendant and the defense counsel cannot be accepted.

The acquittal portion

1. The Defendant’s summary of the facts charged is the Defendant on the date and place indicated in the judgment, as stated in its reasoning.

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