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(영문) 부산지방법원 2018.08.17 2017고정821
상해등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 28, 2016, around 13:30 on September 28, 2016, the Defendant had a meal with D’s husband in Busan Dongdong-gu C.

D The defendant thought that her husband was a woman within her husband's fluence, and the defendant's head fluences the defendant's head fluences, sealed the face face by drinking, and added both bucks.

1. The Defendant injured the victim by assaulting the victim, such as having scarfs that the victim had been placed in any item on several occasions, and having scarfs carried the victim’s arms, and having scarfs together with the victim, thereby causing bodily injury to the victim, such as double scarfs, which require approximately two weeks of medical treatment.

2. The Defendant made a public insult of the victim E (V, 24 years old), who was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually insulting

Summary of Evidence

1. Each legal statement of witness D, F, and E;

1. A protocol of suspect interrogation of each police officer against the defendant, D, F, and E;

1. Statement made by the police for E;

1. A complaint filed by E;

1. A written diagnosis of injury;

1. Application of CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act and Articles 257 (1) and 311 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The Defendant and the defense counsel’s assertion regarding the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act constituted a legitimate defense or legitimate act since the Defendant and the defense counsel met the victim’s assaulted the Defendant in advance to defend the Defendant, and the Defendant’s act committed against D constitutes a legitimate act. The Defendant’s act also committed against D constitutes a legitimate act, as he acted as the victim’s expression of dispute between the Defendant and D. The fact that the Defendant was pushed the Defendant or the Defendant’s arms, and the Defendant took a desire against these acts, and thus, constitutes a passive resistance act.

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