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(영문) 부산지방법원 2013.09.12 2013고정2356
상해
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 16, 2012, around 10:30 on November 16, 2012, the Defendant: (a) found the victim E, a resident of the upper floor, and (b) sought to enter the house, “if the laundry machine is installed, the noise is emitted,” and (c) went into the house by cutting down the left arms in his hand, thereby cutting down approximately three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness E;

1. Investigation report (Submission of confirmation, etc. of the victim's hospitalization);

1. Application of Acts and subordinate statutes to report on investigation (Presentation of a prescription for a victim);

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

1. Determination as to the assertion of the defendant and his defense counsel under Article 21(2) of the Exemption of Criminal Procedure Act (see, e.g., judgment as to the defendant

1. The defendant's act of asserting is justified as an act to prevent the victim's intrusion upon his residence.

2. According to the evidence adopted and examined by the court, the defendant's family and the victim's family members resided in the upper and lower house of apartment houses, and have caused conflicts over the issue of noise between floors for about 11 months until the date of the occurrence of the instant case. The victim tried to find out the cause of noise at the time indicated in the instant facts charged and open the entrance of the defendant's residence by hand, and drive it into the entrance of the defendant's residence by hand. During this process, the defendant sent several warnings to the victim as hurging of the victim's hand, and sent the victim's hand to the victim's hand who did not respond thereto, and caused the injury identical to the facts charged. The victim confirmed the injured part of the defendant's residence, and found the cause of noise by entering the defendant's residence, but did not find any proviso.

3.2

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