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(영문) 대전지방법원 공주지원 2018.06.22 2018고단23
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On July 26, 2017, around 12:00, the Defendant: (a) thought that food waste, etc. was discarded in the victim’s restaurant near the restaurant run by the Defendant; and (b) caused the victim’s injury to the victim by breaking the breath of the victim’s breath with his hand by breaking the breath of the breath of the victim’s breath; and (c) booming the breath of the victim’s breath of the breath of the treatment days.

2. Defendant B, around July 26, 2017, around 12:00, around the Defendant’s house located in Gongju-si, the Defendant inflicted bodily injury on the part of the victim A (63 years of age), such as the flab, etc., on the front of the Defendant’s house in Gongju-si, where he flabed and flabed, and satddddddddddddddddddddddddddddddddddddddddd

Summary of Evidence

1. Each legal statement of a witness A and B;

1. Explanation of photographs - On-site photographs submitted by the suspect (A) and parts of the violence;

1. A copy of the medical certificate of injury (B) and the medical certificate of injury of a suspect A;

1. Defendant B’s defense counsel asserts that the Defendant’s act was merely a passive resistance and was a legitimate act.

However, considering the developments leading up to Defendant B’s assault, the method and degree of exercising force, and the result therefrom, which can be recognized by the evidence, Defendant B’s act is deemed to constitute a prior attack beyond the passive resistance, and thus, the above assertion is not acceptable)’s application of the law.

1. Defendants: Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; and Article 257 of the Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: (a) the background leading up to the commission of the crime by the Defendants; (b) the degree of force leading up to the commission of the crime; (c) the degree of injury resulting therefrom; and (d) the Defendants did not agree on it; (d) the Defendants’ previous conviction and relation; and (e) the age, sex, environment, and crime of the Defendants.

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