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(영문) 대구지방법원 2015.11.27 2015고정1328

상해

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. At around 11:40 on April 30, 2015, Defendant A, at the “F” restaurant operated by Defendant B (39 years of age) located in Yongcheon-si, Youngcheon-si, Defendant A, with both descendants, was wraped the chest part of Defendant B’s chest part, and Defendant A suffered bodily injury, such as chest 14 days of treatment.

2. Defendant B, at the same date and time as in the preceding paragraph, and at the same place, Defendant A (the age of 52) suffered injury, such as dump satum satum, in which the Defendant A (the age of 52) was satisfed with satisf, and the treatment of approximately 14 days was required due to satisf.

Summary of Evidence

"Defendant A"

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. A written diagnosis of injury to B;

1. Photographs B of each of the defendants B;

1. Defendant B’s partial statement

1. A’s legal statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to A’s photographs;

1. Defendants: Article 257(1) of the Criminal Act and Article 257(1) of the Criminal Act; Selection of fines

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

1. Defendant A and his defense counsel’s assertion of self-defense under Article 334(1) of the Criminal Procedure Act is alleged to constitute self-defense, since Defendant A and his defense counsel conducted the same act as the crime of this case to escape from the situation of assault from Defendant B. However, Defendant A and his defense counsel’s assertion cannot be accepted in light of the following: (a) Defendant A and his defense counsel’s act merely constitute a passive defense to escape from the other party’s improper attack, considering the following: (b) Defendant A and his defense counsel went beyond the defense of Defendant B’s assault; (c) Defendant A suffered bodily injury requiring treatment for about two weeks; and (d) details and content of the crime of this case and the circumstances at

Defendant

Defendant B, as to the assertion of self-defense by the defense counsel B and his defense counsel, the judgment of Defendant B.