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(영문) 수원지방법원 평택지원 2013.04.19 2013고정172
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

At around 19:30 on April 30, 2012, the Defendant suffered assault from the victim C (the age of 45) within the headline of the victim C (the age of 19:30 on April 30, 2012). The Defendant expressed the victim’s desire to “the knish bar bar bar bar bar bar bar bar bar bar bar bar,” which she saw the victim as “the knish bar bar bar bar bar,” which she saw as the victim’s knish bar, and she used three- weeks knife knife knife knife knife knife.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The defendant asserts to the effect that the illegality of the defendant's assertion under Article 334 (1) of the Criminal Procedure Act constitutes self-defense, even though the victim suffered bodily injury due to the defendant's act, since the victim's act constitutes defensive or resistance following the assault of the defendant.

In light of the above evidence, the defendant's act does not constitute legitimate self-defense under Article 21 of the Criminal Act, and it is difficult to view that the defendant's act constitutes legitimate self-defense under Article 21 of the Criminal Act, in full view of the circumstances of the case, the circumstances before and after the case, the means, methods and methods, and the situation, degree and degree of the situation of the defendant and the victim, etc., in light of the following: (a) it is difficult to view that the defendant's act is within the scope of passive resistance; (b) it is difficult to view that the defendant's act constitutes legitimate self-defense under Article 21 of the Criminal Act.

Therefore, the defendant's above assertion is without merit.

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

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