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(영문) 부산지방법원 2014.04.24 2013고정3455

존속상해등

Text

Defendants shall be punished by a fine of KRW 500,000.

If the Defendants did not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On April 9, 2013, Defendant A around 23:00, on the ground that Defendant A talked about the divorce with the victim B, who was the wife of 105 Dong-dong 607, Busan, Busan, about the divorce with the victim F, who attempted to get out of the damaged place, Defendant A sent the victim F’s chest on one occasion at a drinking house, and that Defendant B got out of the victim F, who was able to get out of the damaged place, was able to get out of the damaged place. Defendant A took off the victim F’s chest on one occasion, and she took out the victim B’s finger, who was fluened and drinking.

As a result, Defendant A put on the victim F, who is a lineal ascendant of his spouse, the victim F, for about 20 days of treatment, and inflicted injury on the victim B, such as salt, tension, etc. of the right hand part of the right hand, which requires treatment for about 20 days.

2. Defendant B, at the time and place described in paragraph (1), was carried out for the same reason, and Defendant B’s mother F was blue with arms 3 to 4 times, and Defendant B was flue with the victim’s breast part flue with the victim’s breast part flue, and Defendant B was flue with the victim’s breast part flue with the victim’s breast part flue multiple times.

As a result, Defendant B, in collaboration with F, inflicted injury on the victim A, such as salt, tension, etc. in need of two weeks of treatment.

Summary of Evidence

Facts No. 1

1. Each legal statement of witness B, F and G;

1. Facts set forth in Decision 2 of the Medical Certificate of Injury (F, B);

1. A’s legal statement;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(2) and (1) of the Criminal Act (the point of injury to a lineal ascendant), Article 257(1) of the Criminal Act (the point of injury) and the choice of each fine

B. Defendant B: Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines

1. Aggravated concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Defendant A and the defense counsel in determining the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act.