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(영문) 서울중앙지방법원 2014.11.06 2014고정1989
상해등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

피고인은 2014. 2. 1. 00:05경 서울 종로구 C에 있는 “D 모텔” 앞 노상에서 피해자 E, 피해자 F, G 등의 일행이 담배를 피우며 이야기 하고 있는 것을 보고 시비를 벌이던 중 G의 처인 피해자 H(여, 30세)에게 다가가 그녀의 가방을 잡아당겨 바닥에 넘어뜨리고 그녀의 몸통 등을 발로 수회 걷어찼다.

Therefore, as the behavior of the victim was prevented, the victim E and the victim F were able to be his hand.

Accordingly, the defendant assaulted the victim H, and damaged the victim E to the right side of the treatment days unfested part of the back part of the treatment days, added to the victim F the face of treatment days, and damaged the victim H by tearing the side of the victim H.

Summary of Evidence

1. Legal statement of witness F;

1. Each police suspect interrogation protocol of G, F, and E;

1. The police statement of H;

1. Application of statutes on the photograph of the case

1. Relevant Article 260(1) of the Criminal Act, the choice of punishment for the crime, Article 260(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. The defendant and his defense counsel's assertion of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act regarding the provisional payment order. Even if the victims' damage was caused by the defendant's act, the defendant's act was to defend against the victim's unilateral assault and thus, it constitutes self-defense. However, according to the evidence of the court below, the defendant asserted to the effect that it constitutes self-defense. It is acknowledged that the defendant committed a harmful act like the facts charged against the victims with the victim's intent of attack during the trial period. The defendant's motive, circumstance, and attitude are considered.

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