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(영문) 광주지방법원 목포지원 2016.02.18 2015고단1108
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 300,000 won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On June 1, 2015, Defendant A, at the point of “F” located in Hamyeong-gun E around 22:05, performed time costs due to the issue of the injured party B (42 tax) and the credit rating, and Defendant A expressed her desire to “the injured party few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few few fews

2. Defendant B, at the date, time, and place specified in paragraph (1), the victim A (39 years of age) brought an injury to the victim’s marine by drinking against the aforementioned acts, and 2-3 times the victim’s marine was taken from drinking, and the victim, who walked the victim’s body, suffered injury to the victim, for about two weeks in need of medical treatment.

Summary of Evidence

[Judgment No. 1]

1. Defendant A’s legal statement

1. Statement made by the police against B;

1. On-site photographs, reports, accompanying on-site photographs;

1. A report on internal investigation (Attachment of damaged photographs), and a damaged photograph;

1. A report on internal investigation (Attachment of a medical certificate of injury), and a medical certificate of injury (B) (based on Decision 2);

1. Each legal statement of a witness A and G;

1. Statement of the police statement related to G;

1. In the investigation report (Attachment of A diagnosis) and the written diagnosis of injury (A) (Defendant B’s defense counsel asserted that Defendant B’s act constitutes a legitimate defense or legitimate act by passive defensive act. However, in light of the background leading up to Defendant B’s exercise of tangible power against the victim A, and the degree of tangible power exercised by Defendant B to the victim A, etc., Defendant B’s act constitutes an attack at the same time as an attack, and thus cannot be seen as a legitimate defense or a legitimate act. Thus, the above assertion is rejected).

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Articles 258-2(1) and 257(1) of the Criminal Act;

B. Defendant B: Article 257(1) of the Criminal Act (amended by the penalty).

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