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(영문) 부산지방법원 2014.08.28 2014고정117
상해
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

On September 22, 2013, at around 00:35, the Defendant: (a) 00:35, on the side side of “D” located in the Busan Shodong-gu, Busan; (b) when the Victim E (16 years of age) and snow were flabed, the Defendant flabed the victim E’s flab, flabing the victim E’s face by drinking, 2 times the victim E’s face by drinking, flabing the victim’s f (16 years of age) by hand; and (c) when the victim F’s face can be taken by drinking, the Defendant flabing the chest in which the number of treatment days cannot be known to the victim E; and (d) when the victim F was flabed, the Defendant sustained the injury in which the victim F was flabing the inside of the blab where the number of treatment days cannot

Summary of Evidence

1. The defendant's legal statement (as of the fourth trial date);

1. Each police suspect interrogation protocol concerning E and F;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (50,000 won a day);

1. As to the defense counsel’s assertion under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) that the defendant suffered a larger injury due to the victim’s assault, the background leading up to the occurrence of the instant crime, circumstances before and after the commission of the crime, and the degree of injury), the defense counsel asserts that it constitutes legitimate self-defense or legitimate act, since the defendant committed the act of fact in order to defend the victim against

In light of all the circumstances, such as the background of the crime known by the records of this case, the means and degree of the victim's injury to the defendant, the means and method of the defendant's act compared thereto, and the result of the act, it cannot be deemed that the act of this case by the defendant constitutes a case where there are considerable reasons for defending the victims' current unfair infringement or preventing such infringement.

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