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(영문) 인천지방법원 2012.11.09 2012고정2022
상해
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 8, 201, at around 20:40 on November 20, 201, the Defendant received a claim that the Defendant returned prepaid money from the victim D (the age of 43) and the Defendant paid it to the Defendant’s children, but the Defendant did not work. Accordingly, the Defendant received a claim that the prepaid money should be returned, and the Defendant took a warning that the Defendant would have taken her face and part of the victim’s face, her hand, her hand, and her face from the reported shot, and her face should be taken over by the victim for about one week.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes, written opinion(D) and written injury diagnosis(D);

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense. Article 257 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted as to the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act, and the defendant asserts that the defendant's act constitutes self-defense even if not, the defendant's act constitutes self-defense.

However, according to the above evidence, when the defendant was quiquier who was the victim, the victim's face, neck, etc. was faced with him, and the victim was diagnosed with the two sides, the inner part, and the inner part.

If so, the victim's damage is a violation of the state of health and is damaged by the physiological function of the body, and annoyer who is extremely unable to be assessed as an injury under Article 257 (1) of the Criminal Act shall not be deemed to be a case where there is no need to treat the victim as an injury.

In addition, in light of the circumstances acknowledged by the above evidence, it is difficult to regard the defendant's act as self-defense.

Therefore, the defendant and defense counsel are not accepted.

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