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(영문) 대전지방법원 2014.12.02 2014고단3052
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 25, 2014, the Defendant: (a) around 23:55, around 23:301, the Defendant: (b) committed an insulting act against the victim due to his/her fingers while drinking alcohol with the victim D (the age of 47) at the accommodation of Sejong City C 301; (c) and (d) inflicted an injury on the victim, such as the opening of the body and the body of the victim, which is a dangerous object at the bottom of the bar, by exposing the shoulderer, who was broken on the floor, and breaking the shoulderer’s disease, which was a dangerous object at the seat, caused the victim’s injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. Seizure records;

1. The scene of damage and photographs of seized articles;

1. A report on internal investigation:

1. Investigation report (the investigation of reasons why the injured party is not injured and the injured party is not injured by the injured party during the expected treatment period);

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. The defendant's argument regarding the defendant's argument under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation is asserted that the defendant's wife suffered was the victim's own relative while exceeding the victim. However, considering the above situation's location, appearance, degree of injury, the defendant's behavior to escape immediately after the crime, etc., the above argument is rejected since it can be sufficiently recognized that the defendant's crime of this case is committed.

Furthermore, the defendant alleged that the act of the defendant of this case was done in order to prevent violence against D and defend his body, and constitutes a legitimate act that constitutes a legitimate defense or that does not go against social norms. Thus, according to the records of this case, it constitutes a case where the defendant's act of this case has considerable reasons for defending the present unfair infringement or preventing such infringement.

in the light of social norms.

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