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(영문) 부산지방법원 2019.05.22 2018고단5585
상해
Text

Defendant

A Imprisonment for four months, and Defendant B shall be punished by a fine of 2,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A around 00:30 on June 9, 2018, at D main points located in the Dong-gu Busan Metropolitan City, the victim B (56 years of age) who was aware of usual 56 years of age while drinking alcohol and “prison does not see any person,” and Defendant A suffered bodily injury, such as the mouth of a fals that require a victim’s treatment for approximately eight weeks of age when she gets off the main point when she had the victim in a dispute with each other, and she got the victim out of the main point when she was faled, and she was faced with the width support unit when she was falpted with the victim’s face by drinking and drinking, and the victim suffered bodily injury when she was taken out of drinking and drinking.

2. At the time and place of paragraph 1, Defendant B, when drinking the victim A (the age of 54), was injured by the victim’s face at approximately two weeks of treatment.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

1. Legal statement of witness E;

1. Each medical certificate and written opinion (the defendant B and his defense counsel asserted that the defendant Eul's act was only a passive act of defense against the injury of the defendant Eul, and thus constitutes self-defense. In light of the degree of injury inflicted on the defendant Eul at the time of the instant case, and the degree of injury inflicted on the victim, the defendant Eul's act was deemed to have the nature of an act of attack beyond the limit of passive defense, and thus, the above assertion is not accepted) and the law is applied.

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

(a) Defendant A: Article 257(1) of the Criminal Act;

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

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. Scope of punishment by law: One to seven years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the general injury to violent crimes.

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