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(영문) 서울중앙지방법원 2016.02.19 2015고단6431
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 500,000 won, respectively.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. On August 17, 2015, Defendant A lent the past money within the “F” restaurant located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and caused the injury of the victim, such as the aftermath, the aftermath, which requires approximately three weeks of treatment, by using the water strings of strings, which are dangerous articles on the restaurant table, among those in which the victim B (n, 74 years of age) was spabling and wrapping with each other.

2. Defendant B, at the time and place specified in the above paragraph 1, she carried a fat with the victim A (n, 78 years of age) and carried a fat with the victim’s head fat, and fat the victim’s head fating the head fat, thereby causing about 10 days of treatment to the victim, thereby damaging the head fat and sating the head fat.

Summary of Evidence

1. The Defendants’ respective legal statements

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

1. On-site investigation reports;

1. A medical certificate of injury (A), or medical certificate of injury (B);

1. Application of Acts and subordinate statutes of each suspect of damage (26th, 40th, 40th of the investigation record), scene of violence (44th of the investigation record), and objects used by A at the time of assault by the suspect A (a photograph, page 49 of the investigation record);

1. Relevant legal provisions and Defendant A who has selected a sentence on criminal facts: Articles 258-2(1) and 257(1) (a) (a special injury) of the Criminal Act; Article 257(1) (a) of the Criminal Act (the point of injury and the choice of fines)

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. The assertion and judgment of the Defendants under Article 334(1) of the Criminal Procedure Act (Defendant B)

1. Defendant A’s assertion and its determination are acknowledged that Defendant A inflicted an injury on the victim B, but this asserts that, first of all, Defendant A’s act constitutes a legitimate defense by committing an assault at the defensive level.

According to the evidence mentioned above, Defendant A becomes a Silver due to the issue of the external trauma value by multiplying B and B, and the fact that Defendant A was committed by the head of B through a handlver.

Defendant

A shall catch B head debt in the state of being accumulated in the restaurant floor and vessels B.

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