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(영문) 수원지방법원 성남지원 2018.11.22 2018고정923
상해
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is an employee in the construction site who is the head of CD Association E Association Head, the defendant B is the head of CD Association E Association Head, and the head of CD Association F Branch.

1. Defendant B: (a) on November 20, 2017, on the ground that the victim H (51 aged) was defective and considered to have her clothes in the front of the G construction site in Gwangju City around November 20, 2017, Defendant B led the head of the branch office in question.

“Along with sound,” assaulted the victim’s neck, such as stiffing the victim’s neck.

2. The Defendant: (a) held the victim’s left hand, etc. at the same time and at the same place as paragraph (1); (b) held the victim’s left hand, etc.; and (c) held the victim’s hand, etc. on the left hand in need of treatment for two weeks.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness H and I;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Defendant A who choose a fine: Article 260(1) of the Criminal Act, Defendant B who choose a fine: Selection of a fine, Article 260(1) of the Criminal Act, and a fine;

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

1. The Defendants of the Provisional Payment Order: (a) in order to establish a legitimate defense to determine the legitimate defense of the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type and degree of the legal interest infringed by the infringing act, the method of infringement, the level of completion of the infringing act, and the type and degree of the legal interest to be infringed by the defense act; and (b) the act of defense as a requirement for the establishment of a legitimate defense includes not only pure passive defense, but also anti-defense form, including active defense; (c) the act of defense requires considerable reasons as an act to defend one’s own or another’s legal interest.

The situation at the time when Defendant B kn't carry a tree from Defendant B, and the situation where Defendant A kn't carry a hand, etc.

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