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(영문) 대전지방법원 2013.06.27 2013고정768
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 12:20 on February 21, 2013, the Defendant, at the Defendant’s house of Daejeon Jung-gu, Daejeon, 117, 202, had a good appraisal of the victim D (the 37 years of age) and the noise problem between the floor, which was in conflict with each other. On February 21, 2013, the Defendant used to find the victim and use the Defendant’s head debt, and used the Defendant’s head debt, and used the Defendant’s head debt twice in response to it.

As a result, the Defendant committed a scarcity of a scarcity that requires treatment for about two weeks to the victim.

Summary of Evidence

1. A protocol concerning suspect examination of D;

1. Application of Acts and subordinate statutes to investigation reports (a photograph of damaged parts and a written diagnosis of injury);

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant did not have inflicted an injury on the victim by assaulting the victim as stated in the facts of crime, and even if the victim exercised the tangible power, such act of the defendant is merely a passive resistance responding to the victim's assault and therefore constitutes a legitimate act under

In full view of the above evidence, the defendant's act of assaulting the victim as stated in the facts charged can be acknowledged as having inflicted an injury on the victim. In light of the circumstances and contents of the crime, it is reasonable to view that the defendant's act was due to the mixed intention of attack and defense, even if not, it cannot be viewed as a legitimate act as a passive resistance. Thus, the above assertion by the defendant and the defense counsel is without merit.

The reason for sentencing is the motive and background of the crime in this case, relationship with the victim, and other defendant.

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