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(영문) 대전지방법원 천안지원 2016.01.07 2015고정799
상해
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 7, 2015, the Defendant: (a) requested that the Defendant “(f0 years of age) Da (in the case of the Defendant’s residence located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu)” (hereinafter “A”), “as there is a talk that the Defendant would be fluent with the Defendant,” he would be fluent on the road; and (b) caused the Defendant’s injury to the Defendant, such as salt, tension, etc., in need of treatment for about 10 days by taking a fluent flash of the victim, while having been in dispute.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Application of the Acts and subordinate statutes described in a written diagnosis of injury (38 pages of investigation records);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The Defendant’s assertion as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act asserts that the illegality of an act committed in the course of aiding and abetting the victim by refusing to comply with the victim’s request for withdrawal from the Defendant’s house, even though recognizing the fact that the injured party spawns.

The phrase “act which does not contravene social norms” stipulated in Article 20 of the Criminal Act refers to an act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected legal interests and the interests of the law and the interests of the law of the law, urgency, and supplementary nature that there is no other means or method than the act (see, e.g., Supreme Court Decision 2004Do8530, Feb. 25, 2005). According to each evidence of the judgment, each of the following facts are as follows: the defendant was initially disputed with the victim, and the defendant was accumulated to prevent the victim from packaging a road on his own land, but the damaged person was a new Chapter.

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