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(영문) 서울동부지방법원 2016.04.19 2016고정198
상해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant: (a) around 23:40 on August 13, 2015, and around 23:40, the Defendant inflicted an injury on the victim D (25 years of age) and tension, which had been gameed in the 1st underground room in Seongdong-gu Seoul (B) in Seongdong-gu Seoul, with a view to the direction of a storm, and caused the victim to be punished by a rain, and caused the victim to be pushed over by hand, thereby requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each written statement by the police to the defendant, D, E, and F of the police interrogation protocol G of each police suspect interrogation protocol, photo, investigation report (CTB analysis), injury diagnosis report, and CCB video statute to the defendant, D, E, and F

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

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

1. The Defendant asserts that the illegality of the Defendant’s act is excluded as a legitimate defense or a legitimate act, because the Defendant’s assertion on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is merely a fluoring of the victim and E in order to protect himself in the course of assault by the victim and E.

However, in full view of the circumstances leading up to the assault, the degree of the assault committed by the Defendant and the victim, and the circumstances of the case after the assault, etc., the act of the Defendant and the victim can only be deemed to have fighting between the parties during the vision, and it is difficult to view the Defendant’s act as an inevitable defense against the other party’s unfair attack or as an passive defense that does not go against social rules. Thus, the Defendant’s assertion is without merit.

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