(영문) 대전지방법원 2014.02.14 2013고정1640

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2014.02.14 2013고정1640

상해

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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On June 19, 2013, around 13:20 on June 13:20, the Defendant suffered from violence from the victim E (the age of 62) at the vehicle repair shop of the “D” of the Defendant’s operation in Seo-gu Daejeon, Seo-gu, Daejeon, and inflicted injury on the victim, such as d'D', stroke, stroke, stroke, etc. in need of medical treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written diagnosis of injury to E;

1. On-site photographs, the defendant and his defense counsel's assertion about the defendant and his defense counsel alleged that the defendant's act constitutes legitimate self-defense, although the defendant had a pipe of the victim's head, it merely defends the defendant to avoid the victim's attack. However, the defendant's act constitutes legitimate self-defense. The following circumstances acknowledged by each evidence duly adopted and investigated by the court. In other words, the defendant seems to have caused the victim's bodily injury to the victim, such as the victim's frightness and tension of the 14-day medical treatment, and the victim's motive and circumstance leading to the crime of this case. In light of all the circumstances, the defendant's crime of this case cannot be deemed to have exercised force only within the limit of passive defense as a means of resistance to protect the victim's head from the unilateral illegal attack, and the defendant's intent to attack the victim is reasonable, and therefore, the defendant and his defense counsel's allegation constitutes legitimate self-defense.

Application of Statutes

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

1. Penalty fine of 500,000 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. Article 59(1) of the Criminal Act of the suspended sentence

참조조문

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