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(영문) 의정부지방법원 2020.08.13 2020고정674
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 22, 2019, the Defendant suffered bodily injury, such as galive and galive, in which the victim C (son and 58 years of age) was unable to know the number of days to be treated, by putting the head debt of the Defendant up against him/her. On November 22, 2019, the Defendant suffered bodily injury, such as galive and galive, in which the number of days to be treated cannot be determined by considering the victim’s left face on one occasion.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s protocol of interrogation of the police suspect, written diagnosis of suspect, and written request for medical examination and treatment [the defendant asserts to the effect that his act constitutes excessive defense and thus subject to reduction or exemption of punishment. However, according to the evidence duly adopted and examined by this court, it is reasonable to view that the defendant’s act was committed first with the intent of attack, rather than with the aim of defending the victim’s unfair attack, and the defendant’s act was committed against one another. Since the defendant’s act is an act of attack at the same time as an act of attack, it cannot be deemed as an act of attack or excessive defense (see, e.g., Supreme Court Decision 2000Do228, Mar. 28, 2000). Thus, the defendant’s assertion is without merit.] The application

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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