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(영문) 서울서부지방법원 2014.02.11 2013고단1646
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Around 10:00 on June 6, 2013, the Defendant called “Amhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each legal statement of witness E, F and G;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 257 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Penalty of a fine not exceeding 2,000,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. As to the Defendant’s assertion of Article 59(1) of the Criminal Act (see, e.g., the first offense, the agreement with the victim, the Defendant’s health condition is not good, and the circumstances to be considered in the course of committing the crime), the Defendant asserts that the Defendant constitutes self-defense during the process of driving away the Defendant by knife and spreading the same.

According to the evidence mentioned above, although the victim saw a knife in the process of driving away from the defendant, there is no fact that the defendant is threatening or about to threaten the defendant, the defendant's knife the victim while the defendant was in the process of driving away from the defendant, and the defendant seems to be able to leave the above site, and considering all the circumstances indicated in the record, the above act of cutting down the victim's knife cannot be deemed as a considerable act socially, and thus, the defendant's assertion is rejected.

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