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(영문) 서울중앙지방법원 2014.02.06 2013고정5955
상해
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 14, 2013, at around 14:00 on August 14:0, 2013, the Defendant asserted the assault of the victim C in Gwanak-gu, Seoul Special Metropolitan City, against the 813, sealed the victim's hair by sculing the victim's hair by sculping the victim's hair, and carried out sculp and tensions of sculp, salt and tensions of the attached parts, shoulder and sculp of the above arms, which require seven days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Each police interrogation protocol regarding C;

1. Application of the Acts and subordinate statutes governing the rectification of an injury certificate;

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

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

1. The Defendant asserts that the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act is self-defense to oppose C’s assault against a part of the act indicated in the crime.

In light of the circumstances revealed by the above evidence, the Defendant committed a harmful act on the part of the victim’s intent of attacking the victim beyond a simple defense means, and as such, the Defendant did not constitute self-defense on the ground that the Defendant’s act cannot be deemed as an act to defend the victim’s unfair infringement.

Therefore, the defendant's above assertion is not accepted.

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