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(영문) 수원지방법원 안산지원 2013.08.14 2012고정2259

상해

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around August 30, 2012, Defendant B found the house of the victim A (the 48 years of age) of the E Apartment E apartment 105 Dong 509, Siung-si on August 30, 2012, the Defendant collected the money that he borrowed and repaid to her guarantee before seven years, and Defendant B placed the victim’s back-of-shore (the 8Cm in diameter and 10Cm in height) with water (the 8Cm in height and 10C) used by her hand on his hand when considering the part of the victim’s left side, the Defendant placed approximately four weeks back back of the shore in need of the victim’s treatment.

2. Defendant A, at the same time and place as above, had been in a kitchen with the victim B (at least 50 years of age) against the assault, and had a kitchen, and had a kitchen, panty (at least 30 cm), was collected toward the victim, and the victim was at the time and place, and had a multi-faceted kitchen, etc. requiring treatment for about two weeks.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Part of the protocol of interrogation of the police officer against Defendant A (Defendant A)

1. Part of the protocol of interrogation of the police as to Defendant B (Defendant B)

1. Each legal statement of a witness A and B;

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes to deadly weapons and photographs damaged parts used;

1. The Defendants: Article 257(1) of the Criminal Act; Articles 257(1) and 257(1) of the Criminal Act;

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

3. Defendants of the provisional payment order: Defendants’ assertion and determination under Article 334(1) of the Criminal Procedure Act

1. The Defendants alleged that Defendant A committed an assault, such as pushing in B, to defend B’s harmful act at the time of the instant case, and even if they suffered injury, Defendant A did not have the intent of injury, and the part of the assault constitutes self-defense.

Defendant

B First, I asserted that, since A's head was hurbly followed by Defendant B's head and was caused by smuggling's snow part, it constitutes self-defense or excessive self-defense.

2. As to Defendant A’s assertion