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(영문) 인천지방법원 부천지원 2017.08.09 2017고정573
상해등
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a staff member of the rental car insurance company, D is a representative of F in Bupyeong-si E, and G is a director of the above industrial company.

1. On March 9, 2017, the injured Defendant: (a) around 14:25, at the above F Office operated by the Victim D (55), on the ground that the repair cost of a vehicle repaired by the said industrial company was excessive; (b) made the victim’s face knife with his/her finger, and knife the victim’s body with his/her knife with his/her knife, so that he/she exceeded the victim’s body with his/her knife with his/her knife, thereby making the victim go beyond the victim’s knife; and (c) caused the victim’s knife

2. The Defendant spits spits the victim’s face on one occasion by setting spits or spits the victim’s face against the victim’s face at the time and place indicated in paragraph 1.

[Defendant and defense counsel asserts that ① the defendant does not have the face of the victim D due to the nature of the victim D, such as the statement of facts constituting a crime, or the loss of the victim D's face, and the spitation of the victim G is not true.

2. In addition, the defendant committed such act.

It argues that it constitutes a legitimate defense to oppose the victims' unfair attack.

However, since the victims take an oath and stated in this Court are consistent, specific and reliable in light of the relevant circumstances, it is recognized that each victim has inflicted an injury and an assault, such as facts constituting a crime.

In addition, the defendant's actions against each victims revealed the nature of the attack beyond the passive resistance behavior in light of the method of the assault or the part of the assault.

As such, it cannot be determined as a legitimate defense.

Ultimately, the defendant and defense counsel's assertion are without merit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. The police of the defendant.

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