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(영문) 인천지방법원 2016.04.28 2015고정3343
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 16, 2014, the Defendant: (a) around 00:55, at the D cafeteria located in Nam-gu Incheon Metropolitan City, the Defendant: (b) took a desire to talk with the victim E (50 years) who was drinking; (c) went out of the cafeteria; (d) went out of the cafeteria; and (e) went out of the cafeteria; and (e) went out of the cafeteria, the Defendant inflicted an injury on the victim, such as salt, tension, etc. of the right part of the right hand, which requires treatment for about 14 days, to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written diagnosis of injury (E) (the defendant and his defense counsel merely followed the part of the victim in order to avoid violence against the injured person while the accused was assaulted by the injured person, and thus did not injure the injured person, and do not do so.

This argues to the effect that this constitutes a legitimate defense or legitimate act.

However, according to each of the above evidence, the defendant's act cannot be deemed to have satisfied the requirement of legitimate defense or legitimate act, and the above argument by the defendant and the defense counsel cannot be accepted in light of the background of the occurrence of the case, the method and degree of injury, and the circumstances before and after the crime of this case.

Application of Statutes

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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