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(영문) 의정부지방법원 2013.05.30 2012고정367
상해
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 24, 2011, around 9:30 on September 24, 201, the Defendant took the face of the victim C (year 21, female) who was fighting while fighting in the street near the public parking lot located in 199, Dong 1, Dong 1, Dong 1, Dong 1, Dong 19, and the Defendant took the face of the victim C (year 21, female) who was fighting.

As a result, the Defendant inflicted injury on the victim D, such as a stove stove stove stove stove stove stove stove stove stove stove stove stove stoves, and a 4-day stove stove s to the

Summary of Evidence

1. Legal statement of witness D;

1. Statement made by witnesses E in the seventh trial records;

1. Each injury diagnosis certificate (D, C);

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant's act against the defendant and his defense counsel's assertion in accordance with Articles 70 and 69 (2) of the Criminal Code of the Labor House Detention in the Labor House, arguing that his act constitutes self-defense to defend him by setting up against the victim's assault. However, according to the evidence mentioned above, the defendant's act constitutes self-defense. However, the defendant's act of cutting down the victim's body by hand and cutting off the victim's body even after E removed the defendant and the victim, can be acknowledged. Thus, the defendant cannot be deemed to have exercised the force within the passive defense to escape from the victim's unilateral attack. Thus, the defendant's above assertion is rejected.

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