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(영문) 제주지방법원 2013.04.04 2013고정131
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 August 17, 2012, around 21:15, the Defendant: (a) in Jeju Franchiste, the victim D spawned the Defendant’s breath and divided the Defendant’s breath, which was used after 2 times the Defendant’s breath’s breath with breath’s breath on the Defendant’s breath, and used the Defendant’s breath on the part of the victim D’s breast. In response, the Defendant asked the victim’s left part of the victim D’s breath of the breast, glad, gladd

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts to the effect that only the defendant committed acts indicating the facts of crime in the judgment in order to escape from the victim's assault, which constitutes self-defense or legitimate act.

However, in light of the motive and circumstance leading up to fighting between the defendant and the victim, the process of fighting, and the result of fighting, etc., the above argument cannot be accepted, since the act of the defendant cannot be viewed as self-defense or legitimate act.

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