(영문) 의정부지방법원 2016.09.01 2016고정231

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(영문) 의정부지방법원 2016.09.01 2016고정231

상해

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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant, with the trade name of "D" in Namyang-si, was a person who operates a restaurant, and the fishing gear was 59 years old and F (68 years old) operated by the same funeral gear side of "D", and the victim E (59 years old) and K (68 years old) and Kinju caused disputes with the victims due to construction work.

At around 20:50 on May 1, 2015, the Defendant suffered injury to the victim E, i.e., the victim E, who fights with G, the birth of the victims, and expressed the desire of the Defendant at one time due to a defect in the victim E’s face, and the victim F, who discovered that the victim’s face had been faced with E continuously at the same place, found that the victim got out of E, i.e., approximately three weeks of treatment, she saw the victim’s face, and she got out of the victim’s face by drinking the victim’s face, and she suffered injury to the victim F by taking about two weeks of treatment to the left side of the left side and the mouth, etc. in the mouth.

Accordingly, the defendant injured the victims.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Each statement of witness H, E, G, and F in the third protocol of the trial;

1. The entry of some of the witness I in the third protocol of trial;

1. Statement to J police officers;

1. A written diagnosis for each injury (the second right, No. 49, 50 pages);

1. The defendant and his defense counsel, such as field and F, committed an assault against the victims at the time, but this asserts that since four persons, including the victims, collectively assault the defendant, it constitutes excessive self-defense due to fear in the defensive vehicle, at night, or under other extraordinary circumstances.

The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, the victims and the defendants at the time did not simultaneously fight, the defendants were born in 1965, the victims E were the victims in 1956, and the victims F were the victims in 1947.

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