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(영문) 대전지방법원 홍성지원 2015.08.19 2015고정159
상해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 25, 2014, at around 18:42, the Defendant, on the front side of the “Dcafeteria” in the Chungcheongnam-gun budget-gun, brought an injury to the victim, such as the victim E (the age of 65) and the head of the Si/Gun/Gu, on the ground that the victim’s son and shoulder son were fluencing, and the victim was fluencing a bridge with both hand, resulting in an injury to the victim, such as the 5th left flucing part of the 42-day left fluor, which requires treatment for about 42 days.

Summary of Evidence

1. Entry of the defendant's partial statement and E in the suspect examination protocol of the defendant by the prosecution;

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning F;

1. A written diagnosis of injury (E);

1. On-site photographs;

1. Investigation report (Arrangement of telephone conversations with shote F);

1. Application of Acts and subordinate statutes to a report on investigation (J and adjustment of contents of telephone conversations);

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

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

1. Summary of the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order

A. In order to avoid an attack by the victim, the Defendant only pushed the victim, but did not walk the victim’s bridge.

B. The above actions by the defendant constitute an act of emergency evacuation to avoid an attack by the victim who satisfe the defendant's chest, and thus, it does not constitute an offense.

Judgment

A. The victim stated consistently from the investigative agency that the defendant was injured by the same injury as the facts stated in the crime in the judgment of the court in question, and the witness at the time also made a statement consistent with the victim, and it is difficult to find any reasonable ground to reject the credibility of the above statement. Thus, the victim can find the facts constituting the crime in the judgment based on the above evidence.

B. Emergency evacuation under Article 22(1) of the Criminal Act means the current danger of one’s own or another’s legal interests.

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