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(영문) 부산지방법원 동부지원 2015.08.20 2013고정276
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant B, on November 12, 2012, around 21:40, 2012, around the backway of the white town located in the Southern-gu, Busan-gu, Busan-do, Defendant B, dump, flaps, and flaps with the victim A, who is a passenger of the taxi he was in his own possession, and was punished for trial expenses. As a result, Defendant B, upon the bomb on the bridge at the between the said taxi and the head of the said victim, suffered injury to the said victim, such as dump, which requires treatment for about three weeks.

2. Defendant A, at the above time and place, had the face of the above victim taken to drink at the victim B, thereby causing the above victim’s injury under the right eye and the left side to tear.

Summary of Evidence

【One point in the market】

1. Entry of each protocol of examination of suspect as to the Defendants prepared by the police

1. Investigative reports (general) and images prepared by the police;

1. Entry in a written diagnosis of injury to A prepared by D (the point of No. 2 at the time of sale);

1. Statements made by Defendant A in part of the first trial records;

1. Partial statement of the suspect interrogation protocol of Defendant A prepared by the police;

1. The defendant A and his defense counsel's judgment as to the statement of investigation report (general) and the defendant A and his defense counsel prepared by the police, and the defendant A and their defense counsel asserted to the effect that the above defendant inevitably committed the above victim to prevent the above victim's additional harmful act under the circumstance that the victim B display the above defendant's autopsy, which constitutes legitimate self-defense or legitimate act.

However, in light of the fact that the above defendant's harmful act causes injury to the extent that the above victim tears down the right eye and left eaves, etc., the harmful act by the above defendant can be seen as attributable to the intent of mutual attack against the above victim, and it does not violate social rules as an act or passive resistance to defending unfair infringement.

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