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(영문) 의정부지방법원 고양지원 2015.11.27 2015고정573

폭력행위등처벌에관한법률위반(공동상해)

Text

[Defendant A] Defendant A shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

Defendant

A and Defendant B are married couple, and Defendant C is an employee of “F Company”.

1. Defendant A’s injury, around 11:40 on May 2, 2014, was performed between the victims, who were selected as a successful bidder for an apartment auction, and the payment of management expenses, etc., in the case of the victim C, who was designated as a successful bidder for an apartment auction within the residential area of Pakistan G apartment 920 dong 703, 703, Defendant A, by hand, was in need of medical treatment for 14 days due to c’s breath’s breath, and breath’s breath’s breath’s breath’s breath, and

2. Defendant C

A. In a temporary place such as Paragraph 1, the injured Defendant C suffered injury in need of medical treatment for 28 days by putting flaps of the victim A into her flaps, her flaps in hand, and her flaps at her face by hand.

B. At the same time and place as paragraph (1) of the assault continued, Defendant B’s scam with the hand floor once, and scam with breath’s hand, and assaulted by breathing and pushing ahead with scam.

Summary of Evidence

1. Each legal statement of the defendant A and C in part;

1. C’s legal statement;

1. The third police interrogation protocol against the defendant A (including the part concerning the statement B);

1. Each injury diagnosis letter;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article applicable to criminal facts;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of Fine);

B. Defendant C: Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence), the selection of each fine

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

1. Defendant A and C in the custody of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Determination as to each argument by the Defendant A, C, and C of Article 334(1) of the Criminal Procedure Act

1. Defendant A

A. The defendant A merely has the fact that he was sealed against the violence of the victim C, and breath, and he did not exercise the remaining violence or inflict bodily injury.

On the other hand, Defendant A’s self-defense is the self-defense where the victim was pushed down and breathed.

(b).