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(영문) 전주지방법원 2018.05.02 2017고단1969
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by fine of KRW 3,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants, C, having been admitted to the Jeonju Prison Medical Institution in whose territory 2, 805, Woo-dong, Jeonju-si, Jeonju-si, was located;

1. C and Defendant A’s joint bodily injury C around June 25, 2017: (a) around 13:05, with the victim’s wounded with the victim’s wounded as a delivery day without permission of the victim’s box B (49 years of age) in the medical accommodation of the Jeonju correctional institution, and (b) around 13:05, with the victim’s eyed, the victim’s eyed 1-2, with the victim’s hand 1-2, and the victim’s eyed with the victim’s eyed 1-2, and the Defendant A 7-8, with the victim’s eyed with the victim’s left arms.

In this way, C and Defendant A jointly put the victim into the inner side of the two bills requiring approximately two weeks of treatment.

2. Defendant B suffered the above assault from the above victim A and the above victim C at the same date, time, place, and thereafter, Defendant B left the left-hand side of the victim by shouldering the victim's left-hand ear, which requires approximately two weeks of treatment.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each police statement made to E, F, and G;

1. A working report;

1. Each medical opinion, and photographs of the upper part of the body;

1. Application of Acts and subordinate statutes to notify the results of written appraisal;

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the choice of a fine: Defendant B who choose a fine: Article 257 (1) of the Criminal Act, the choice of a fine;

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 legitimate defense assertion by the Defendants B and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant B and his defense counsel asserts that Defendant B’s act constitutes a legitimate defense, since there is considerable reason for the act of the Defendant B to defend the act of assault against C and the Defendant A.

2. Comprehensively taking account of each of the evidence mentioned above, Defendant B was subject to assault from C while she was in a dispute with C.

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