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(영문) 대구지방법원 2015.09.04 2015고정835
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 300,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A, at around 11:30 on December 23, 2014, talked about the issue of the return of the down payment with the victim G and tinsan Development Project in the Fda located in Jung-gu, Daegu, Daegu, about December 23, 2014.

In his hand, the body of the victim G was pushed together with the body of the victim G, and the victim G was knicked with plastics used at the victim G, and the victim G was flicked with an eye for about 10 days, and the victim G was flicked with an eye and an internal organs that require medical treatment for about 10 days.

2. Defendant B, as above, has a dispute with the victim H on the same date and at the same place as the preceding paragraph.

In both hands, the victim H's left upper part was fluored by cutting a pipe, and then tightly tightly, the victim H was fluored.

Summary of Evidence

"Defendant A"

1. The defendant A's partial statement

1. Legal statement of witness G;

1. A medical certificate and an injury diagnosis certificate with respect to G;

1. An investigation report (a counter investigation of intent to confirm a medical certificate of injury and to issue a medical certificate of injury);

1. Guideology and G photograph "Defendant B";

1. Defendant B’s legal statement

1. Application of the police interrogation protocol to H

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act; selection of fines

B. Defendant B: Article 260(1) of the Criminal Act; selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Defendant B and defense counsel’s assertion of self-defense against Defendant B and defense counsel under Article 334(1) of the Criminal Procedure Act of the Republic of Korea’s order of provisional payment asserts that Defendant B’s act of resistance constitutes self-defense inasmuch as Defendant B’s act of resistance was committed in order to avoid any more assault as it was used by the victim. Thus, Defendant B’s act as stated in the facts charged of this case constitutes self-defense.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, that is, the victim, from the police investigation on February 1, 2015, knife the victim's left side with Defendant B's hand.

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