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(영문) 부산지방법원 2015.07.01 2014고정5228
상해
Text

1. Defendant A shall be punished by a fine of 300,000 won, and Defendant B shall be punished by a fine of 500,000 won.

2. Defendants each of the above facts.

Reasons

Punishment of the crime

1. 피고인 B 피고인은 2013. 12. 30. 22:00경 부산 사하구 D에 있는 E 호프집에서 피해자 F(여, 47세)와 채무보증문제로 시비하던 중, 피해자가 마시던 맥주를 피고인의 얼굴에 뿌리자 화가 나 손으로 피해자의 멱살을 잡아 밀어 바닥에 넘어지게 하고 계속하여 피해자의 몸 위에 올라타 손으로 피해자의 목을 잡아 흔들며 피해자의 머리를 바닥에 찧게 하여 피해자에게 약 1주간의 치료가 필요한 안면부 좌상을 가하였다.

2. Defendant A, at the time and place specified in paragraph (1), had the victim G (n, 49 years old) and B go beyond the victim’s face and side gate by hand several times, and had the victim go beyond the victim’s tightly, the victim go beyond the victim’s face and side gate on several occasions, and had the victim go beyond the victim’s tightly, thereby requiring approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness F, G and H;

1. The suspect interrogation protocol of the defendant A by the police;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (F) and a medical certificate of injury (investigative records two sphere 54 pages);

1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment;

2. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse.

3. Defendant B’s defense counsel’s assertion as to the defense counsel under Article 334(1) of the Criminal Procedure Act of the Republic of Korea’s order for provisional payment claimed to the effect that the Defendant only saw bather in the process of setting up against the victim’s violence and constitutes a legitimate act as a defense. However, in light of the circumstance and means of the instant case acknowledged by each of the aforementioned evidence, the relationship between the Defendant and the victim, and the circumstances at the time of the instant case, the victim

It seems that the defendant exercised force only to the extent of passive defense as a means of resistance to protect himself from illegal attack and escape from it.

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