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(영문) 부산지방법원 동부지원 2019.08.28 2019고정194

상해

Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates a private teaching institute in Busan-gun C commercial building, Defendant B is a person who operates a laundry in the same commercial building, and Defendants were not good.

1. On July 28, 2018, at around 14:03, Defendant A, on the second floor of the commercial building on the second floor, the victim B (the 52-year old age) inflicted an injury on the victim’s left hand hand hand over the victim who caused the defect in the quality of the article towards the Defendant as soon as possible, such as an open room for the second hand hand over the left hand of the victim, which requires the treatment of about 21 days.

2. Defendant B, on the same date and at the same place as that of paragraph (1), committed assault against the victim A (year 52) three times in a long-term manner while sniffing the matter with the left hand hand.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. The application of Acts and subordinate statutes shall not be deemed self-defense (which has no intention of defense and no reasonable ground) or legitimate act (which shall not be deemed legitimate, reasonableness of means, urgency, and supplement) of the defendant's act, although the defendant alleged that his act constitutes self-defense or legitimate act (which shall not be deemed legitimate, reasonableness of means, urgency, and supplement), in light of the circumstances in this case where the defendant's act constituted self-defense or legitimate act (which shall not be deemed legitimate, reasonable, reasonable, and complementary).

1. Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Defendant B who selects a fine: Article 260(1) of the Criminal Act; Selection of a fine;

1. Penalty defendant B to be suspended of sentence: Fines of 300,000 won;

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (Consideration of reflectivity, degree of violence, environment, etc.);

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