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(영문) 대구지방법원 김천지원 2016.06.10 2016고정19
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim C are neighboring areas living in the same dynamics.

On September 15, 2015, around 20:50 on September 15, 2015, the Defendant found the Defendant’s house in Kimcheon-si, while drinking.

'The expression of "the victim's desire to walk the gate of the victim, such as walking the gate from the victim's gate, was pushed the victim's neck against it, and then tightly cut the victim's neck on the floor, the victim's face, neck, and chest part in drinking, and assault the victim's bucks by walking the victim's buck, and the defendant's leakage or E was spacking the victim's buck, and caused the victim's bodily injury, such as the damage of the buck part of the buck that requires approximately two-day medical treatment on his hand.

Summary of Evidence

1. Each legal statement of the witness C and F;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2(2) and Article 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act concerning criminal facts (excluding punishment)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the victim C had first committed an attack, such as fating the defendant's bather fat, etc., and the defendant did not assault the victim, and even if the fact of domestic assault was recognized, only a simple minor fighting match between the defendant and the victim was conducted, and that it constitutes a legitimate defense as a defense to defend the victim's assault.

In light of the evidence duly adopted and examined by this Court, the victim C, first of all, is able to take a bath to the defendant, and the defendant is also able to see the face of the defendant.

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