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(영문) 수원지방법원 2019.05.22 2018고단7261

상해

Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around 08:00 on August 16, 2018, Defendant A suffered from criticism that he did not drink from the victim B (the age of 39) and did not have the drinking value, Defendant A, in his hands, kiddd the victim’s chests over the floor, and walked the victim’s chests over the floor. Defendant A, by hand, suffered from injury, such as “the victim’s chests 7,8 wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor wor m

2. The Defendant, at the time and place specified in Paragraph 1, committed an assault to the victim A (the age of 37) and the victim during the debate on the same ground as Paragraph 1, on response to the breath’s escape, and assaulted the victim’s face by drinking.

Summary of Evidence

1. Defendant A’s legal statement

1. Defendant B’s partial statement

1. A’s legal statement (limited to the defendant B);

1. Statement made by the police against B (limited to the defendant A);

1. A report on investigation (on-site CCTV investigation, etc.), data to capture the scene of a crime, CCTV images at the scene, telephone recording files related to agreements among suspects, etc., and a report on video listening to investigation reports;

1. The complainant's photograph of the damaged part B;

1. Defendant B and his defense counsel asserted to the effect that the act of Defendant B constitutes self-defense by either pushing ahead of his arms or display his arms several times in the absence of awareness by a unilateral assault by the victim A. However, according to the form and degree of assault by Defendant B, recognized by each of the above evidence, (CCTV image, the victim committed an assault by Defendant B beyond the Defendant B while she went beyond the Defendant B, leading the victim to her punishment, and it is recognized that the victim continued to put the victim beyond the Defendant B. In light of the circumstances and the situation at the time of the instant crime, Defendant B’s act is not for the purpose of defending the victim’s unjust attack, but for the purpose of attack.