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(영문) 청주지방법원 2015.04.30 2014고정886
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of 2 million won, and Defendant B shall be punished by a fine of 1.5 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A along with wife E, around September 22 and 30 on September 1, 2014, at a considerable amount of Cheongju-si, Cheongju-si, 202, the dispute arises between the victim B (the age of 36) and the floor noise, and the Defendant took place several times due to his hand and knee, etc., and E, together with E, took the part of the victim’s head by hand and knee, etc., and E put about approximately 28-day fingers in order for the victim to take care of the victim.

2. Defendant B inflicted bodily injury on the victim, such as cage cage cage cages and tensions that require medical treatment for about 21 days due to drinking, etc., resulting in disputes over noise between the victim A (the age of 41) and the victim A (the age of 41) due to drinking, etc.

Summary of Evidence

【Paragraph 1 of this Article】

1. Defendant A’s legal statement

1. Legal statement of witness E;

1. The police statement concerning G;

1. Medical certificate (No. 11 No. Serials of Evidence);

1. Each photograph [paragraph (2)]

1. Defendant B’s partial statement

1. Each legal statement of witness A and E;

1. A medical certificate of injury (No. 4 No. 5 of evidence list);

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act (Selection of Fine)

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

1. Defendant B and his defense counsel’s assertion on the assertion of Defendant B and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. Defendant B and their defense counsel asserted that Defendant B’s act constitutes legitimate self-defense or legitimate act, inasmuch as Defendant B committed an assault against Defendant B with a view to getting out of the scope of Defendant B at the time of suppressing and suppressing Defendant B’s secret.

However, the contents and progress of the assault among the Defendants, and the part and degree of the injury of Defendant A, which can be recognized by the aforementioned evidence.

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