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(영문) 대구지방법원 서부지원 2014.06.13 2014고정48
상해
Text

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

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

Reasons

Punishment of the crime

On October 23, 2013, around 23:10 on October 23, 2013, the Defendant: (a) assaulted the victim E and 44 years of age to listen to the desire from the victim E and d Co., Ltd.; (b) assaulted twice the victim’s right eye to drinking, thereby causing injury to the victim, such as cerebrovas, for which two weeks of treatment is required.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that the victim first raised the defendant's time when the defendant was at sight and bruted and inflicted an injury on the victim by assaulting the victim as self-defense. However, there is no evidence to acknowledge that the defendant suffered an unfair infringement from the victim. Furthermore, even in the case where a fighting is conducted because the defendant and the victim were punished by mutual vision between the defendant and the victim, the strike constitutes an act of attack against the other party at the same time as the defensive act, and the act of the other party constitutes an unfair infringement

(Supreme Court Decision 83Do3020 Decided May 22, 1984, and Supreme Court Decision 2000Do228 Decided March 28, 2000).

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