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(영문) 대구지방법원 2013.06.19 2013고정951
상해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 13, 2013, the Defendant: (a) around 21:10 on February 13, 2013, the Defendant: (b) around 21:10, carried alcohol into a c restaurant located in Daegu Suwon-gu, for the purpose of drinking alcohol into the c restaurant to use telephone; (c) the victim D, an employee of the Defendant, was frighted to the face of the victim on the ground that he would not enter the c restaurant, and would not be bad; (d) spread the beer to the face of the victim; (d) laid the head, kick up the knick up to the floor; (e) carried the knick hand, etc.; and (e) carried the knick back to the left part of the bridge, thereby causing injury to the victim, such as cerebr in detail, for which two weeks of medical treatment is required.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

1. The Defendant alleged to the effect that the above act constitutes self-defense and thus, the illegality of the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is denied. However, in full view of the form of the act of the instant crime, the background of the crime, the situation at the time of the crime, the degree of the injured party’s situation, etc., it is reasonable to deem that the Defendant’s act was an act committed with the intent of attack beyond the mere defense means, and it cannot be deemed as self-defense. Thus,

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