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(영문) 서울북부지방법원 2012.09.13 2012고정220
상해
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Defendant A around 00:50 on October 1, 201, at the Defendant’s house of Nowon-gu, Seoul Special Metropolitan City, G apartment 102 Dong 205, Defendant A sent a kind of fright at the Defendant’s house, and delayed entering the house, Defendant A disputed with the Defendant’s spouse B (32 years of age, female) by putting the victim’s head knife with knife with knife the victim’s head knife, Defendant A’s face on several occasions with drinking and hand knife the victim’s face on the part of the victim who was on the part of the benife part of the benife and knife the victim’s face were to be taken for two weeks.

2. Defendant B set the victim’s head knife against the victim’s activities at the time and place specified in paragraph (1) and put the victim’s head knife at hand, and put the victim’s head knife with knife and knife with the victim’s knife and knife and knife with knife and knife, the victim’s head knife and knife were not known to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statements of the witness A and B;

1. An investigation report (to be accompanied by B data submitted by a suspect);

1. Application of Acts and subordinate statutes to photographs taken on the top of each body;

1. Article 257 (1) of the Criminal Act as to the facts constituting the crime;

1. Articles 70 and 69 (2) of the Criminal Act (the conversion of 50,000 won to the defendant B into one day) of the Criminal Act;

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (the punishment suspended: fine of 500,000 won, and the circumstances leading to the instant crime, degree of damage, etc.);

1. Defendant A of the provisional payment order: Defendant B and the defense counsel’s assertion against Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act asserted that Defendant B’s act constitutes legitimate act or self-defense as a passive resistance against the victim’s assault.

However, in full view of the circumstances of this case, the defendant B's act against the victim, etc., which can be recognized by the above evidence relations, the facts charged of this case can be sufficiently convicted.

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