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대전지방법원 2014.07.25 2014고정630

상해

Text

Defendant

A shall be punished by a fine of KRW 500,00, and by a fine of KRW 1,500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Around 14:40 on January 15, 2014, the Defendant, as the owner of the above restaurant building, was in conflict with each other as a matter of payment of rent between the victim who is the tenant and the tenant, and the Defendant, as the owner of the above restaurant building, was able to come up with the victim who was able to move on his/her chest with the victim at his/her hand and her hand, and was able to get off his/her arms for about 14 days in need of medical treatment.

2. Defendant B, at the above time and place, took a dispute between the victim A (n, 49 years of age) and the payment of rent as above, and the victim’s head was flicked once with the victim’s head, and the victim’s left hand was plucked by plucking and plucking up the victim’s left hand for about 35 days.

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A written diagnosis of injury (Defendant B);

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. In light of the method of crime by Defendant A and the circumstances leading up to the crime, etc. recognized by the evidence of the judgment on Defendant A’s assertion of self-defense, the act by Defendant A cannot be deemed as an act permissible under social norms.

Application of Statutes

1. The Defendants: Article 257 (1) of the Criminal Act concerning criminal facts and the choice of punishment;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act