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(영문) 청주지방법원 영동지원 2017.11.09 2016고단186
상해
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, at around 16:00 on July 4, 2016, the victim D (Woo, 56 years of age) located in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, (hereinafter “E-type Ma”), “Ae-gu, the Defendant” to the victim “Ae-gu, the E-type Mari Franc Ma.”

In doing the bath, “The victim’s face and head are laid over the floor by drinking, and the victim’s chest, clothes, bucks, and bucks were sent to several times to the victim, resulting in approximately three weeks of treatment for the victim, such as the victim’s breast, bucks, and bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each injury diagnosis certificate (the sequence 2-1 through 3 in the list of evidence);

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment for a crime;

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

3. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the Defendant only flicked the part of the victim’s timber with the hands floor at the time of the instant case, and did not inflict an injury on the victim by assaulting the victim as in the instant charges.

On the day of the instant case, the Defendant, without any particular reason, committed assault against the victim, such as her knives and spaws on the day of the instant case, and at the time of the instant case, the victim was at risk of committing the assault against the victim again at the time of the instant case, and such an act constitutes a legitimate act as provided by Article 20 of the Criminal Act, a legitimate defense as provided by Article 21 of the same Act, and an emergency escape as provided by Article 22 of the same Act,

2. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant committed an injury by assaulting the victim as stated in the facts constituting the crime in the judgment:

The defendant's act is a legitimate act.

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