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(영문) 대구지방법원 2017.11.22 2017고정1297
상해
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. On March 18, 2017, Defendant A driven the vehicle in front of the FJ in Daegu Northern-gu, Daegu, on behalf of the victim B (28 Do) on behalf of the victim on behalf of the victim, but as a result of the payment of expenses by proxy, Defendant A committed assault, such as assaulting the victim’s left arms three times with the victim’s hand, and the wheels for his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

2. Defendant B committed assault, such as removal of the victim’s hand who was having the door of the vehicle on the ground that the victim A (V, 60 years old) did not open the vehicle, and the victim’s hand was removed from the vehicle, at the time, at the place, and at the time, as described in paragraph 1(1).

Summary of Evidence

[Defendant A]

1. Legal statement of the witness B;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement of the police statement related to G;

1. A voice recorded in a recording file CD;

1. A written diagnosis of injury;

1. Photographss, vehicle photographs, recording records of the list of currencies (Defendant B);

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination part);

1. Statement made by the police in relation to A and G;

1. Application of Acts and subordinate statutes governing recording records;

1. Article 257(1) (Selection of Penalty) of the Criminal Act (Selection of Penalty) and Article 257(1) (Selection of Penalty): Article 260(1) (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendants asserted that the act was conducted in order to prevent the other party from acting, and thus constitutes a legitimate defense or legitimate act. However, in full view of the developments leading up to the instant crime, the degree and method of the Defendants’ exercise of force, and the parts and degree of the injury or assault, etc., the Defendants’ conduct in the judgment can be acknowledged as a legitimate defense.

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