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(영문) 창원지방법원 2013.10.15 2013고정909
상해
Text

1. The defendant shall be punished by a fine of one million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 04:00 on February 24, 2013, the Defendant, within the "E located in Seongbuk-gu, Seongbuk-gu, Sungwon-si, Sungwon-si, D", danced the victim F and shouldered with each other, followed by the victim F and shouldered the victim's her hair, and her face with her fingers and her fingers, with the victim's hand corresponding to the her arm's length, and her faceed by hand, led the victim to approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An interrogation protocol of F by prosecution;

1. A letter of diagnosis of injury in the F;

1. Application of statutes on photographs of damage;

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

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

3. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant committed an assault against the victim in the course of resisting the violence of the victim, which constitutes legitimate act as a legitimate act, which constitutes legitimate self-defense or passive resistance.

2. The victim unilaterally committed an illegal attack in light of the developments and means of the instant case, the relationship between the Defendant and the victim, and the circumstances at the time of the instant case.

The above defense counsel's assertion is without merit, since it cannot be deemed that the defendant exercised the force only to the extent of passive defense as a means of resistance to protect himself/herself from an unlawful attack and escape therefrom.

It is so decided as per Disposition for the above reasons.

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