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(영문) 서울서부지방법원 2017.11.10 2017고정954
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

피고인은 2016. 11. 28. 02:00 경 서울 서대문구 C에 있는 D 주점에서 피해자 E 와 술을 마시던 중, 피해자가 “ 술도 비슷하게 먹었는데 맞짱 한 번 까자” 로 하자 피고인이 “ 너는 물 주먹이야 ”라고 하였다.

Accordingly, when the victim gets about 4 cm from the head of the defendant's head by drinking the head of the principal of the principal of the defendant, the victim injured the victim about 4 cm, and the defendant injured the victim about 2 weeks of medical treatment by destroying the face of the victim by drinking the face of the victim in response to it, and taking the ship by launching it, thereby leading the victim to a multiple-day medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. A written diagnosis of injury;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning the facts of crime, the choice of punishment, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and defense counsel's assertion of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that the defendant and defense counsel's assertion of the provisional payment order is dismissed as an act committed by the victim's victim's injury by causing injury to the victim's own injury to the victim, which constitutes a legitimate defense, or an act committed by the victim's own proposal of fighting first, with the victim's consent.

According to each of the above evidence, even though the victim was found to have inflicted an injury on the defendant as a main disease, it is also recognized that the defendant inflicted an injury on the defendant as a main disease, but thereafter, he/she inflicted an injury on the victim by drinking the victim and destroying the victim beyond his/her floor.

In light of the background leading up to the injury of the defendant and the method and degree of exercising the tangible power between the defendant and the victim, the act of criminal facts recorded in the judgment of the defendant in the crime of the defendant is sponsed by the defendant with the victim and used the tangible force.

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