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(영문) 수원지방법원 2017.05.18 2016고정2826
상해
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in selling functional health foods.

On July 25, 2016, the Defendant: (a) at the office of the “D Company” company of the Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, Seoul; (b) on July 25, 2016, at the office of the “D Company” company of the victim E (54 e.g., female) who was the visiting salesperson, engaging in a dispute over the exchange of goods with F, who was another salesperson, with a large sound of the other salesperson; and (c) the Defendant, “I have no working day, e.g., whether this woman

"In one hand, she attached the victim's left side to the other hand, she placed both arms in her hand, put them into two her hand, divide the left part of the arms into two her hand, and inflict an injury on the part of the her hand, which requires approximately two weeks of treatment on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the injured party only gets the arms of the injured party in the process of resisting the dispute with F, which is the office fee of the accused, and there was no injury by separating the left part of the upper part of the upper part of the trade, as described in the facts charged, and even according to the injured party's argument, the injured party was recovered without any specific treatment, and thus, the injured party was injured under the Criminal Act.

It cannot be seen that the defendant's act of putting the victim's arms on the victim's arms was conducted to defend the victim's assault against F, so it is not illegal as a legitimate defense, and even if the defense activity exceeds the degree, it constitutes excessive defense.

2. According to the above evidence duly adopted and examined by the court, the defendant.

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