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(영문) 전주지방법원 군산지원 2017.06.07 2016고정571
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of 700,000 won, and a fine of 300,000 won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants are married with a couple, and the victim D(58) is the Eastern neighbors.

On May 29, 2016, around 20:00, the victim got back to the road of the village in front of the Gunsan City, on the ground that the road Defendant B passed to the village is his own land, and that the road was obstructed by installing a pipe by piling up the bricks on the road, and it was done as a vision, Defendant B was fright the chest, knee, knee and kneee, B’s clothes and left kne, and the face of Defendant A (64) who continued to go up to this, and the chest part of the chest.

Defendants set up against the act of assault by the victim, and Defendant A took once a drinking part of the victim’s rear water, and Defendant B took the face part in drinking, and Defendant B took the part of the victim’s breath, thereby committing assaulting the victim’s breath, and b took the part of the victim’s breath.

As a result, the Defendants jointly inflicted injury on sugars with the victim for approximately 14 days open for treatment, with no two sufferings, (mainly diseases), chronic compound chronitis, and (s) Abstinia with the injury.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Article 2 (2) 3 and Article 257 (1) of the Punishment of Violences, etc. Act and Article 2 (2) 1 and Article 257 of the same Act concerning the crime, the selection of fines;

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

1. Defendant B and the defense counsel on the assertion of Defendant B of Article 334(1) of the Criminal Procedure Act in each criminal case of the provisional payment order. Defendant B and the defense counsel asserts that the act such as Defendant B’s criminal facts constitutes a passive defense against the victim’s violence, which constitutes a legitimate defense under Article 21(1) of the Criminal Act.

However, even though the victim D is deemed to have used violence first to the defendant, the defendant B's act is aimed at defending unfair attack in light of the circumstances acknowledged by the above evidence at the time of the crime of this case.

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