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(영문) 인천지방법원 2014.02.13 2013고정3668
상해
Text

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

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

Reasons

Punishment of the crime

At around 18:00 on May 14, 2013, the Defendant: (a) while speaking for dispute as the issue of attracting customers E and the head of the D Sale Team headquarters in front of the Nam-gu Incheon Metropolitan City Office for Sale in order to attract customers, the Defendant: (b) told the Defendant to go to E; (c) laid down the parts of the Defendant’s clothes retail on one stop to put the Defendant’s left part of the victim’s left part; and (d) laid down the 10-day left part of the part requiring medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Protocol of examination of the witness G;

1. Each certification letter of H, I, J, K, L, M, N, andO;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

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

1. The defendant and his defense counsel asserted that the argument of the defendant and his defense counsel regarding Article 334 (1) of the Criminal Procedure Act of the provisional payment order is a justifiable act because they merely have a part of the part of the victim's arms in the process of spreading the arms in the process of spreading the arms, since they had been frighted to the extent that the defendant's arms have been cut down for a long time so that the victim may not enter the office.

However, in light of the motive, process, means and method of the instant crime, victim’s side and degree of damage, and Defendant’s behavior attitude, etc. acknowledged by the aforementioned evidence, the Defendant’s act is not deemed to be a justifiable act that does not violate social norms, and thus, the above assertion by the Defendant and the defense counsel cannot be accepted.

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