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(영문) 창원지방법원 2014.06.27 2014고정271
상해
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 15:30 on September 7, 2013, the Defendant, at the parking lot for a citizen sports center located in 43-2, Changwon-dong, Sungwon-dong, Sungwon-dong, Changwon-gu, had the victim's left eye one time in his head, and caused the victim's injury, such as dives, which requires approximately 14 days of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police suspect interrogation protocol regarding C;

1. C’s statement;

1. Standing photographs;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

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

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

3. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant did not assault the victim as stated in the facts charged in this case at the time, and even if certain violence is recognized, it was inevitably issued in the process of passive defense of the victim's assault. Thus, the defendant's act constitutes self-defense or legitimate act, and thus the illegality should be avoided.

However, according to the evidence of the judgment, it is difficult to view that the defendant's act constitutes self-defense or legitimate act under the Criminal Act in light of all circumstances such as the process and process of the occurrence of the case at the time, purpose, means, degree of violence, etc.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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