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(영문) 수원지방법원 안산지원 2015.04.07 2013고정2136
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

1. Defendant B, at around 06:10 on June 30, 2013, within “G” factories in Ansan-si, a member-gu, Sinsan-si, the Defendant specified the victim’s head as six times as “six times” in the facts charged of the charge of the crime of the victim’s head as drinking with Si expenses attached in the process of cleaning the factory after finishing night work with the victim A (the age of 55). However, the Defendant stated that the number of times he/she takes drinking in this court cannot be memory specifically, and denied the authenticity of the part written in the police interrogation protocol stating that “the head was six times for drinking,” and said “six times” is regarded as “one time”.

As a result, the victim's clothes were cut off once, and the victim's breasts were satisfyed once by drinking, and the victim was injured by a detailed brain-dead satisfy that requires treatment for about one week.

2. The Defendant: (a) placed the victim B(45 years of age) and broom frooms cited by the Defendant at the time and place indicated in paragraph (1) as above; (b) placed the victim’s left shoulder on two occasions; (c) placed the victim’s left chest on two occasions due to drinking; (d) placed the victim’s face on two occasions due to drinking; and (e) inflicted an injury on the victim for about 31 days to undergo treatment.

Summary of Evidence

【Defendant A】

1. Partial statement of the defendant;

1. Each legal statement of witness B and H;

1. Each police suspect interrogation protocol against B and H;

1. The case-related photograph (No. 2), the death diagnosis certificate (No. 6) (with respect to Defendant B)

1. Partial statement of the defendant;

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

1. The police suspect interrogation protocol of H;

1. A's written statement;

1. Application of the Act and subordinate statutes of the case-related photograph (No. 2, No. 11) and the death diagnosis certificate (No. 11)

1. The Defendants: Article 257 (1) of the Criminal Act concerning criminal facts and the choice of punishment;

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

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. Whether Defendant A committed a crime and self-defense.

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