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(영문) 대전지방법원 천안지원 2016.07.22 2014고정1897
상해등
Text

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

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

Reasons

Punishment of the crime

On March 28, 2014, at around 08:38, the Defendant assaulted the victim E (32 years of age), F (45 years of age), and G (40 years of age) on the fact that the Defendant had made a demand for apology on the fact that the Defendant had set up a metal strip and set titant, and the victim E had an assault on the part of the victim E, one time in drinking, one time at the inside part of the victim E, one time at the inside part of the victim F, and one time at the inside part of the victim G.

As a result, the Defendant brought the victim E with a net heat of the mouth that requires treatment for about five days, and assaulted the victim F and the victim G.

Summary of Evidence

1. Statement of the witness F, E and G in the third public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. A medical certificate of injury (one-time 5);

1. Each photograph (one-time 7,20);

1. Each investigation report (the defendant and his defense counsel asserted that the crime of this case constitutes a passive resistance against the victims' assault, but according to each of the above evidence, the defendant and the victims appear to have committed assault each other, and it is difficult to view that the above act of the defendant and the victims constituted a legitimate act.)

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Considerations, such as the first offense for sentencing under Articles 70(1) and 69(2) of the Criminal Act and the minor offense of injury, etc.;

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