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(영문) 의정부지방법원 고양지원 2014.09.18 2014고정70
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 1,500,00. If the Defendant fails to pay the said fine, 50.

Reasons

Punishment of the crime

At around 01:00 on July 21, 2013, the Defendant, in collaboration with the wife C, was dissatisfied with the issue of victim E (the age of 55) and agency fee in front of the Goyang-gu, Seoyang-gu, Yangyang-si, and the Defendant took a bath to the victim while doing so, and the Defendant was sprinking the victim’s spons, spons, spons, etc. by hand, and sponsed the victim’s hand, and sponsed the spons, spons, and sponsed the victim for approximately six weeks of medical treatment.

Accordingly, the defendant, together with C, injured the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made by witnesses E in the third protocol of the trial;

1. The part concerning H’s statement among the interrogation protocol of the public prosecutor

1. Application of Acts and subordinate statutes of the E's written diagnosis of injury;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and Article 257 (1) of the Criminal Act

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument and the defense counsel asserted that, in order to prevent the victim from suffering a bodily injury, the victim's arms, etc. were taken first, in order to prevent such injury, and the E under the influence of alcohol attached the defendant and did not inflict any injury like the facts charged, and even if the result of the bodily injury occurred in the course of the following franchising and pushing ahead, it is a kind of legitimate act done by the defendant for his own defense.

In addition, C asserts that the defendant did not inflict an injury on the victim jointly with H.

2. Determination

A. The following circumstances revealed in the evidence duly adopted and investigated by this Court, namely, the Defendant asserted with the victim, and maintained sin and sins the sins, sins, and sins, as stated in its reasoning.

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