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(영문) 수원지방법원 성남지원 2016.11.10 2016고정1071
상해
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the driver of the Kan Fran vehicle, and the victim D(the age of 49) was the E dump truck driver on January 6, 2016, while driving each driver's vehicle in the direction intersection of the Sinpo-Eup in Gwangju-si on January 6, 2016.

In order to turn to the right, the victim reported that the defendant who was going behind while waiting to turn to the right, sees the warning, and sees the warning, she left the vehicle from the vehicle to the driver's seat of the defendant, she took a bath after leaving the vehicle from the vehicle to the driver's seat of the defendant, opened the door several times, and the door requires the defendant to open the door with the windowd by drinking, which is not opened.

Accordingly, the defendant was asked whether he was a son's day after opening the window, and the victim tried to catch the breath with open windows by putting the breath in them so that the defendant was able to do so, and the defendant continued to dump and open the window by hand under the situation that the defendant dump and fast down the window.

Accordingly, the defendant, after closing windows, caused the victim's hand to stick the windows, and then caused the victim's hand to the knife and the knife of hand 8.5 cm in length, which is a dangerous article in the vehicle, the victim's hand, etc. every 20 weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol on the accused and D;

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order. The defendant asserts that the defendant's act of inflicting an injury on the victim D is self-defense to avoid an unreasonable attack by the victim

The self-defense stipulated in Article 21 of the Criminal Code is the first self-defense.

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