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(영문) 서울서부지방법원 2016.02.05 2015고정1215
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 13, 2014, around 03:20 on September 13, 2014, the Defendant inflicted injury on the victim E (19 tax) and the victim’s chests, tightly, tightly, tightly damaged the victim by tightly pushing the victim’s chests, tightly tightly tightly tightly tightly tightly kiding the Defendant’s electronic tobacco within Yongsan-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion about the defendant and his defense counsel under Article 59 (1) of the Criminal Code of the Suspension of Pronouncement (the first crime, and the whole circumstances such as the process and method of the injury in the judgment) of the Suspension of Sentence (the defendant and his defense counsel asserted that the defendant committed an assault from the victim and F to resist it, which constitutes a legitimate defense. However, in full view of the situation and process of fighting with the victim recognized by each evidence of the judgment, and the degree of the victim's injury, etc., the defendant's act in the judgment is not merely a passive defense against the victim's unfair attack, but it cannot be viewed that the defendant's act was a legitimate defense. Thus, the above argument is rejected.

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