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(영문) 부산지방법원 동부지원 2018.09.05 2018고정228
상해
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

From October 22, 2016, the Defendant was audited by a partnership for the redevelopment of B housing (hereinafter “cooperative”) from around October 2, 2016, and was dismissed from office at the general meeting on April 1, 2017. The victim C (72) is the father of the above partnership from around October 22, 2016.

On September 22, 2017, the Defendant, at around 18:00, inflicted injury on the victim, such as the part of the right-hand d building in Busan, and the part of the office entrance of the association in the second floor, on the following grounds: (a) in the process of receiving the result of an application for the disclosure of information from the association, he/she fights with the victim in the process of receiving the application for the disclosure of information; and (b) in the process of taking the part of the victim, he/she satisfy, and satisfy the part

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A written diagnosis of injury;

1. Photographs of each victim;

1. The defendant and defense counsel asserted that the defendant's act constitutes legitimate defense and thus constitutes an act without illegality. The defendant and defense counsel asserted that the defendant's act constitutes a legitimate defense.

However, in light of the circumstances and contents of the crime, the above evidence is recognized as a comprehensive crime, and it cannot be viewed as a legitimate defense to defend unfair infringement against the injured party.

Therefore, the defendant and defense counsel are not accepted.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Taking into account the agreement with the victim after the closure of pleadings for the sentencing of Article 334(1) of the Criminal Procedure Act, the punishment shall be determined as ordered after the closure of pleadings;

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