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(영문) 대구지방법원 2016.11.09 2016고정2029

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant and B, around 02:40 on June 25, 2016, when drinking alcohol in DKapet in Daegu Suwon-gu, at approximately 02:40, the victim E (the 50-year-old-old-old-old-old-old-old-si) who was mixed with the victim E (the 50-year-old-year-old-old-old-type-old-type-old-type-old-be), and the Kaf-be at the entrance of the above Kaf-si, when drinking the victim’s face, the Defendant continued to take one time at the victim’s face. In the above Kaf-si, the Defendant continued to take one time more than the victim’s chest’s chest, and her face was dried up more than two times with the victim’s face. The Defendant received the victim’s face at one time in the process of sending the victim’s face to the police officer at two times more than three times.” The Defendant received the victim’s face “.”

As a result, the Defendant, together with B, inflicted injury on the victim, such as breaking a flading baby with which the date of treatment can not be known.

Summary of Evidence

1. Part of the defendant's legal statement;

1. CCTV CD (the defendant alleged as self-defense, but considering the background of the crime of this case recognized by the above evidence, and the specific method and degree of the defendant's use of force by the victim, it is reasonable to view that the defendant's act was not limited to a simple defensive act to defend an improper attack, but also has the nature of an attack. Thus, it cannot be viewed as self-defense.) and the application of the law.

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (2) 1 of the Criminal Act and Article 257 (1) of the Criminal Act;

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

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