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(영문) 서울서부지방법원 2016.09.09 2016고정755
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

On November 12, 2015, around 04:30 on November 12, 2015, at the male resting room located in Yongsan-gu Seoul, Yongsan-gu, Yongsan-gu, Seoul, 23-gil 55, for the victim C (64 years of age) and work methods, the victim's face was walking, and the victim suffered injury, such as the complete escape of the baby requiring about four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

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

1. Article 257 (1) of the Criminal Act and Article 257 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that the judgment on the defendant's argument under Article 334 (1) of the Criminal Procedure Act is purporting to the effect that the defendant's face was given first to the victim's face by drinking, and thus constitutes a legitimate defense, as stated in its reasoning.

In this case, the victim was first at the time of the instant case.

In addition, there is no evidence to see that the victim had his face at the time of drinking.

Even at home, considering the intensity of violence inflicted by the defendant by the victim, the degree of damage inflicted on the victim, etc., the defendant's consent to walk the victim's face is not a defense that is deemed reasonable socially, but an attack against the victim.

Therefore, we cannot accept the defendant's argument.

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