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(영문) 서울서부지방법원 2017.09.07 2017고정407
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 6, 2017, at the D office located in Yongsan-gu Seoul Metropolitan Government and the third floor, the Defendant visited the above D office due to the dismissal of the head of the association, and the victim E (42 years old) was in dispute between the employees of the association and the end of the union, and when the victim E (42 years old) was in dispute with the head of the association, the Defendant took the situation to the camp cam, and caused the victim to face with each other, such as a copy after being pushed one time by hand.

As a result, the Defendant inflicted an injury on the victim, such as salt dynasty, which requires approximately three weeks of treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of investigation reports (including submission of a written diagnosis, etc. of injury to a victim and modification of the name of the crime), written diagnosis of injury, CCTV-related Acts and subordinate statutes;

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 and the defense counsel’s assertion regarding the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order: (a) the Defendant and the defense counsel prevented the victimized person from taking a cambling office owned by the association; (b) the Defendant’s hand was faced with the body of the injured; and (c) the Defendant’s hand was only faced with the body of the injured; and (d) even if the injured person was pushed with the injured

Even to the effect that it constitutes a justifiable act that does not violate social rules.

In light of the evidence duly adopted and examined by this Court, the above facts charged are found to be guilty for the defendant who suffered injury by suffering from the victim's neck, etc. one time by hand, such as a reproduction machine after the victim's neck was pushed.

B. In light of the means, method, and consequence, etc. of the instant crime committed by the Defendant based on the evidence duly adopted and investigated by the Court, it is difficult to view the Defendant’s instant act as a justifiable act as having objective validity that can be acceptable in light of social norms.

Therefore, the above assertion is valid.

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