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(영문) 대구지방법원 김천지원 2016.12.13 2016고정594
상해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 21, 2016, at around 09:00, the Defendant, a resident of the same village (the age of 80), was “A” in the dry field of A located in Kimcheon-si, Kimcheon-si, and extracted from a dry field of A with the shoulder and a variety of strings that are deep in dry field, thereby cutting down the shoulder and cutting down the shoulder of the victim and cutting down the arms.

As a result, the defendant put the victim into a shoulder and a 3-lane image of the shoulder and the arms except for the hands and hand that require treatment for about 3 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Police investigation report (a photograph attached thereto);

1. Application of Acts and subordinate statutes of a medical certificate (as of June 24, 2016)

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

1. The defendant and his defense counsel asserted the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order as stated in the same act as this case in order to prevent the victim from extracting the defendant's mother, which constitutes a justifiable act under Article 20 of the Criminal Act.

In light of the evidence of the judgment, the defendant's act does not meet the balance between the benefits of protection and the benefits of infringement, and it is difficult to view it as a legitimate act that does not violate social rules, since it is difficult to view it as a legitimate act that does not violate social rules, in light of the degree and method of violence exercised by the defendant against the victim, and the degree and degree of injury to the victim, etc.

Therefore, the defendant and his defense counsel are not accepted.

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