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(영문) 서울북부지방법원 2013.12.30 2013고정1255
상해
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A had changed to the H main points in Gangnam-gu Seoul, Gangnam-gu, Seoul, where he had worked as a part-time owner, and caused a dispute with Defendant B, the owner of which was the owner.

1. At around 23:10 on January 31, 2013, Defendant A suffered injury, such as the complete escape of a baby, which requires approximately four weeks of treatment to the victim, on the ground that the victim B (the 58-year-old) who was the owner of the business referred to as “the knish knish knish knish knish knish knish knish knish knish knish knish knish knish knish knish.”

2. Defendant B, at the same time and place as indicated in the preceding paragraph, carried the head debt of the victim A (inn, 52 years of age) on the same ground, and carried out approximately two weeks of treatment to the victim by shouldering the left hand hand hand hand hand hand hand, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness I and each part of the court's each legal statement;

1. Each injury diagnosis report (B) and each injury diagnosis report (A);

1. Application of the Acts and subordinate statutes to a standing photograph, a photograph of the upper part of the body part of A, and a photograph of the upper part of A;

1. Relevant provisions concerning facts constituting an offense and the Defendants who choose punishment: Article 257 (1) of the Criminal Act;

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

1. Defendants of the provisional payment order asserts that the Defendants’ respective actions against the Defendants under Article 334(1) of the Criminal Procedure Act constitute self-defense or legitimate acts as acts to defend themselves from the other party’s improper attack.

However, in full view of the details and degree of the Defendants’ respective crimes, the method and degree of injury inflicted upon each other, and the relationship between the Defendants as seen above, each act by the Defendants is deemed as an act of defense at the same time as an act of attack.

It is merely a passive resistance to escape from the other party's improper attack.

(2).

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