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(영문) 부산지방법원 2017.09.14 2017고정319

상해

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On September 20, 2016, Defendant A: (a) around 10:30 on September 20, 2016, on the ground that he does not drink as alcohol, Defendant A was in sight of each other on the grounds that he did not drink as in the part of the Victim B (S 46). Defendant A, in his hands, carried out physical fighting with the victim’s her hand, carried out her ebbbbbb, and carried out her ebb, and carried out her eb, once again, her ebb, and had the victim go beyond the ground floor, thereby causing injury to the victim, i.e., the right-hand 4,5 water lab, which requires treatment for about 4 weeks.

2. At the date and time set forth in paragraph 1, the Defendant 2: (a) fighting the victim’s body with the victim A (47 taxes) as above; (b) fighting the victim’s body out of the Estrofer and fighting the victim’s body; and (c) fighting the victim’s face by driving his body on the part of the victim, the Defendant inflicted an injury on the victim for approximately six weeks of treatment, such as internal organs and mouth.

Summary of Evidence

1. The defendant A's partial statement (limited to the above defendant) and the defendant B's legal statement (limited to the above defendant)

1. The legal statement of the witness B (limited to the defendant A);

1. A protocol concerning the examination of suspect of the defendant A;

1. According to each of the above evidence, each investigation report (Attachment, etc. of a medical certificate), investigation report (Attachment, 57 pages of the investigation record) is acknowledged that the defendant A used the victim B to commit an injury as stated in its reasoning. In light of the detailed method and degree of the assault inflicted by the defendant, the degree of injury inflicted by the victim, motive and circumstance of the crime, etc., such defendant's act does not constitute legitimate defense.

Application of Statutes

1. Relevant Article 257 of the Criminal Act and the Defendants’ Selection of Punishment: Article 257 (1) of the Criminal Act (Selection of Penalty)

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

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