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Reasons
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(영문) 수원지방법원 2016.01.20 2015고정1981
상해
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Defendant

A shall be punished by a fine of 50,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On May 18, 2015, Defendant A, at around 19:50 on May 18, 2015, suffered injury, such as salt, tensions, etc. in the right-side area, which requires treatment for two weeks, by putting the victim’s face on three gyms and tights, while the victim and the victim talked about the unrepaird as requested by the victim B’s “F laundhouse operated by the victim B,” which was operated by the victim B, in which case the victim did not recognize his/her own mistake.

2. Defendant B, on the same date and at the same place, set up the victim A’s violence, tightly sealed the damaged person by hand and tightly cut off the shoulder on the basis of a string around the tights while in the vicinity of the tights.

Summary of Evidence

[Defendant A]

1. Partial statement of the defendant;

1. Protocol of examination of the witness B;

1. A written diagnosis of injury;

1. Side photographs of the victim of the assault;

1. Grost outside CCTV (Defendant B);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Application of CCTV-out CCTV-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment against the crime: Article 257(1) (Selection of a penalty) of the Criminal Act; Article 260(1) (Selection of a penalty) of the Criminal Act;

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

1. Defendants of the provisional payment order: Defendant A’s assertion as to Defendant A’s assertion under Article 334(1) of the Criminal Procedure Act is first assaulted by the victim B in order to defend him/her, and thus, it is not unlawful as a justifiable act. However, in light of the background of fighting, method and degree of exercising force, which can be known according to the evidence of the judgment, it cannot be viewed as a justifiable act. Thus, Defendant A’s assertion cannot be accepted.

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