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(영문) 청주지방법원 영동지원 2015.12.10 2015고단165
상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2015, around 06:18, the Defendant inflicted an injury on the victim, such as T 11 and T 12, which requires approximately 49 days of treatment on the part of the victim by her hand, while she was suffering from the damage of the Defendant’s head in front of the D Party run by the Defendant in the Chungcheongnam-dong C, as a matter of damage of the crops cultivated by the victim E (80 years of age).

Summary of Evidence

1. Results of the verification of CDs in which the motion picture photographing files of this Court are stored;

1. Statement to E by the police;

1. A written diagnosis of injury;

1. In full view of the following circumstances acknowledged by the evidence presented earlier, the Defendant and the victim claimed that the act of the Defendant constituted self-defense or legitimate act even if the facts charged are acknowledged: (a) the Defendant and the victim have exercised physical force by raising the victim’s speech with each other; (b) the Defendant assaulted the victim by force even before the victim was pushed ahead of it; (c) the Defendant got the victim up to the Defendant; (d) the Defendant had actively pushed the victim beyond spreading it; (d) the victim was frightened by actively pushing the Defendant; (e) the victim was more old than the Defendant; and (e) the victim could have anticipated the fact that the Defendant might suffer bodily injury because his body was destroyed by a considerable shock compared to the Defendant; and (e) the Defendant’s act could be recognized as constituting self-defense or legitimate act; and (e) the Defendant’s act does not constitute legitimate self-defense.

1. Relevant Articles of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Suspension of execution;

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