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(영문) 서울중앙지방법원 2015.02.13 2014고단7780

상해

Text

Defendant

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

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A is a company member, and Defendant B is a person who is engaged in his own business.

1. At around 13:50 on June 14, 2014, Defendant A, while running a motor vehicle in front of the H road located in Gangnam-gu Seoul Metropolitan City, was injured by the victim B (the 50 years of age) who operated the motor vehicle near the vehicle due to the change of the vehicle line, and the dispute with scambling, Defendant C, by hand, killed the victim’s head, breast, scam, and scam with the scam, and caused the victim’s injury, such as an injury, such as an scam and scambling, which requires approximately 8 weeks of treatment, and an injury, such as a 9-day scambus, which requires approximately 5 weeks of treatment.

2. While the Defendant was driving a motor vehicle at the above date and at the above place, the Defendant carried the victim A (the age of 30) and the scambling dispute with him, and carried the victim’s breath’s bomb and breath by drinking with his breath, etc., resulting in multiple brupting scambling, etc. requiring treatment for about two weeks for the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Each injury photograph, injury diagnosis letter;

1. Blucking images;

1. Application of Acts and subordinate statutes to report on investigation (12 reported details);

1. Article 257 (1) of the Criminal Act applicable to the facts constituting the crime (the imprisonment with prison labor for the defendant A and the fine for the defendant B)

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the defendant A and his defense counsel) asserts that the act of the defendant A constitutes excessive defense as prescribed by Article 21(3) of the Criminal Code, since it was caused by fear, fluence, entertainment, or yellow dust from stopping and assault on the road of the defendant B. However, the defect that the defendant A attempted to leave the scene of his vehicle while the defendant A reported to the defendant B after the completion of the assault of the defendant B, and the degree of the assault of the defendant B, and the time and situation that the defendant A assaulted the defendant B (after the assault of the defendant B was reported to the defendant A in 112).