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(영문) 대구지방법원 서부지원 2019.03.21 2018고정515

상해

Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On November 20, 2017, around 14:00 on November 20, 201, Defendant A has a dispute with the victim B (the 68 years of age) around the Seo-gu office of education for purification in Seo-gu, Daegu.

For the reason that there is a lack of harmony, the victim was raising the cupped cup containing drinking water to the victim, and the victim was wheeled with the face of the victim as a handsaw in the process of fighting with the victim and the body, and the victim was able to receive approximately 14 days of treatment.

2. Defendant B, at the time and place indicated in paragraph (1), had the victim’s body fighting with the victim and the victim’s body knee and knee, and had the victim’s body knee and knee, and the number of treatment days is unclear.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Report on internal investigation (for visiting students of computer courses in the Seo-gu Office of Seo-gu), internal investigation report (documents submitted by a suspect A and medical expenses receipts, accompanying paper-to-Japan photographs), investigation report (for telephone conversations of students of computer courses in the Seo-gu Office of Seo-gu), and investigation report;

1. 진료챠트, 진료비영수증, 상처부위 사진 [피고인 A은 피고인 B에게 몸이 눌려 있는 상태에서 벗어나기 위해 피고인 B의 손과 얼굴을 손톱으로 할퀸 것이므로, 이는 정당방위 또는 정당행위에 해당한다고 주장한다. 그러나 위 증거들에 의하면 피고인 B가 피고인 A의 몸을 누르기 전에 피고인 A이 B에게 컵을 던지고 손과 얼굴을 손톱으로 할퀴는 등 폭행을 시작한 사실이 인정되므로, 피고인 A의 행위를 정당방위 또는 정당행위라고 볼 수 없다.] 법령의 적용

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;