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(영문) 대전지방법원 홍성지원 2017.09.14 2017고정89
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a private taxi in C.

On August 16, 2016, the Defendant raised an objection against the claim of the victim D on the national highway No. 21 located near the 3:30 of the Seoul Special Metropolitan City Budget-Eup, which was located in the 21st century, and brought an objection against the claim of the victim D on the road of the 21st century, and, “the death and death shall be discarded,” and “the death and death shall not be taken,” and “the escape from the parked taxi is forced to take the victim on his left hand, leading the victim to the right shoulder of the victim, and forced him to take the cab.

As a result, the Defendant inflicted an injury on the victim in the fluoral base and the second fluoral fluoral fluoral, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including the substitution of the accused);

1. A written diagnosis of injury to D;

1. Photographs (2 l.m., 11 p.m.) a photograph (2 l.m., 2 l.m., c.m. photo;

1. A taxi bbbbox and video CD;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument does not inflict an injury on the defendant, nor did he had an intention to commit violence.

Even if the defendant gets off a lane, he was injured by the victim while carrying the victim on the taxi.

Even if it is for the safety of the victim, it constitutes an urgent escape or legitimate act.

2. However, in light of the following circumstances acknowledged by the evidence of the judgment, the defendant suffered injury to the victim due to the tangible force inflicted on the victim and was a measure to rescue the victim.

The defendant's assertion cannot be accepted because it is difficult to view it as an urgent escape or a justifiable act because there is no material to view it and its strength exceeds an appropriate level.

A. The aggrieved person shall be right in the course of vagabonds with the Defendant.

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