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(영문) 서울북부지방법원 2013.06.20 2013고정1393
상해
Text

Defendant

A A shall be punished by a fine of KRW 500,000 and by a fine of KRW 200,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates a E store in front of the D Station in Seoul Special Metropolitan City, Nowon-gu, and Defendant B is a person who operates a food boom at the above E store near the E store.

1. At around 08:45 on March 25, 2013, Defendant A: (a) reported that a subdivision that was installed in front of the instant drinking breab was transferred to the side of the E store; and (b) the victim B (year 52) moved this, thereby breaking the victim B’s breath, booming the victim B with the wall, and then the victim B was faced with the wall inside the wall bridge; (c) the left part of the blue part of the wall blue; and (d) caused injury to the victim B during treatment days, such as a bid.

2. Defendant B, against the victim A (the age of 67) at the same time, at the same place as above, carried a breath of the victim A by putting a breath and breath of breath, and 3 times the victim’s face and head were taken into consideration, and suffered an injury to the victim A during treatment days, such as a breath’s diagnosis and breath.

Summary of Evidence

1. Defendant A’s legal statement and part of Defendant B’s legal statement

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

1. Application of the Acts and subordinate statutes of the injured party photograph (A), the injured party photograph (B);

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: Defendant B asserted to the effect that Defendant B’s act constitutes self-defense, on the following grounds: (a) the date, time, and place of the judgment; (b) at the time and place of the judgment; but (c) the victim’s assaulted himself; and (d) Defendant B’s act constitutes self-defense.

However, in full view of the background, method, and degree of the injury inflicted by both parties, and the relationship between Defendant B and the victim, Defendant B’s act is merely a passive defensive act to escape from an unjust attack.

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