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(영문) 창원지방법원 2016.09.29 2016고정293
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 10, 2016, the Defendant intended to calculate taxi charges with a string card for the victim F (32 years) who is a passenger of his own E-si in his own E-si before Kimhae-si, on the roads in front of the D store located in Kimhae-si C, and on the ground that the Defendant attempted to calculate the taxi charges with a string card, “5,000 won” to the victim;

Does the young spawn spawn spawn

In addition to the bath theory, “the victim was flicked with falbage of the victim, she was towed by flaging the victim into the ground floor, and knee and knee, was cut off on the right side of the victim’s right side and kneee, and then she was cut off with approximately 21 days on the right side 9, 10 days for which treatment for approximately 21 days is required to be provided to the victim. In addition, she was flicked with a galball, sheeted with a galbre, a flae of the

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A medical certificate;

1. The complaint (the defendant and his defense counsel asserted that the above act of the defendant's above act constitutes a legitimate defense or legitimate act to prevent the victim from assaulting the defendant. However, in light of the circumstance and situation of the assault of this case, and the method and degree of assault, etc., since the use of the defendant's assault as stated in the facts of crime includes an aggressive intent beyond the passive defensive act, it is difficult to see that it is reasonable in its means and method, and it was an urgent and inevitable means.

Therefore, it cannot be seen that it constitutes a legitimate act that does not violate social rules or a legitimate defense to protect the current unfair infringement.

Therefore, the above argument shall not be accepted.

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2)(1) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

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