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(영문) 수원지방법원 안양지원 2016.01.21 2014고정1143
폭행치상
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000 and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On August 3, 2014, Defendant B, at the main point of “G” in the operation of Defendant F, which was located in Ansan-si, around 21:45 on August 3, 2014, viewed that the Defendant’s denial of the Defendant and the Defendant’s loss of the said main point (e.g., the age of 55) raised a dispute on the grounds that the Defendant and the victim were in a fluent relationship between the Defendant and the victim (e.g., the age of 55), and stated in the facts charged that the Defendant took part of the victim’s fluent with both hands, and that the facts charged are as follows: (a) as recognized by the evidence to the extent that it does not pose any substantial disadvantage to the Defendant’s exercise of right

After being pushed, the victim suffered bodily injury such as climatic salt, tensions, etc. which require approximately 2 weeks of treatment.

2. At the same place as in the preceding paragraph, Defendant A, at the same time and at the same time as in the same time as in the preceding paragraph, she sawed the victim H (W, 58 years old) who was denied B during the period of time with B for the foregoing reasons, and fighting the body, the Defendant caused the injury of the victim, by making the victim’s breast part closely covered with the two descendants, resulting in the victim’s injury to the victim, such as the prestigious fever and the first half of half of half, which require approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each legal statement of witness B and H in part;

1. Statement made by the police with H;

1. A criminal investigation report (Confirmation ofCCTV image data);

1. Each injury diagnosis report to A and H;

1. Application of the video closure photographs (net 17) and CD screen-recording statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 262, 260(1), and 257(1) of the Criminal Act (elective selection)

B. Defendant B: Article 257(1) of the Criminal Act (Optional to a punishment)

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: Determination on the Defendants A and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that Defendant A knife or set up his hand in order to prevent H from committing the assault, and that Defendant A is a legitimate defense or passive one.

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