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(영문) 부산지방법원 2017.10.26 2017고정1161
상해
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Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay each of the above fines, each of them is 100.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. Defendant A, on December 14, 2016, was living in front of a restaurant located in Busan Dong-gu, Busan around 00:40 on December 14, 2016, and had previously livedd.

For this reason, F and the victim B(54) sub-sectioned with the victim, while drinking with the victim's face, the victim suffered injury to the victim, such as cerebral celebin which there is no one in two open for medical treatment for about three weeks.

2. Defendant B, at the time, at the place specified in paragraph 1, suffered injury on the number of days of treatment due to the victim’s face against the victim A (55 years old), such as tearing the victim’s face, etc.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. The legal statement of the witness B (limited to the defendant A);

1. A protocol of suspect interrogation of the police officer against A (limited to the defendant B);

1. A report on investigation (Submission of a medical certificate) and a medical certificate (38 pages of the investigation records);

1. According to each of the above evidence: (a) investigation report (on-site conditions, etc.); and (b) damaged photographs (12 pages of investigation records), it is sufficient to recognize that Defendant A used assaulting the victim B to inflict an injury on the victim; and (c) considering the method and degree of the assault inflicted by the victim; (d) degree of the injury inflicted by the victim; (e) motive and circumstance before and after the crime, the act of the Defendant A does not constitute legitimate defense.

Application of Statutes

1. Relevant Article 257 of the Criminal Act and the Defendants’ Selection of Punishment: Article 257 (1) of the Criminal Act (Selection of Penalty)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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