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(영문) 수원지방법원 성남지원 2019.09.03 2017고단3230
상해
Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Defendant A is a four arms foreigner who entered the Republic of Korea under sojourn status E-9.

On September 23, 2017, the Defendant: (a) around 00 on September 23, 2017, at the dormitory washing room of the D company located in Gwangju City, the Defendant inflicted injury on the victim, as a result of a defect that the victim B was at the entrance of the laund room, caused the victim to walk down the laund and walk down the laund, resulting in the victim’s failure to treat the number of days.

2. Defendant B is a four arms foreigner who entered the Republic of Korea as sojourn status E-9.

The Defendant disembarked 4 to 5 times the Defendant’s left arm’s length of the Victim A, which was not good between the two places, with a pipe (55 cm in length) which is a dangerous thing at the time and place described in paragraph (1).

As a result, the defendant carried dangerous objects and carried them over to the left-hand side, which requires treatment for about two weeks.

Summary of Evidence

1. The Defendants’ partial statements in the first trial record;

1. Each statement of witness A, E and F in the second protocol of the trial;

1. A report on investigation, occurrence of the case;

1. Photographs;

1. Determination on the assertion of the defendant and his/her defense counsel

1. Defendant A asserts that even if there is no time for the victim to do so and domestic facts are recognized, the victim’s passive resistance citing a pipe is a legitimate act or self-defense.

However, the facts charged in the judgment in full view of the defendant's statement that led to the first crime and the statement of the investigation agency of the defendant B can be acknowledged, and it cannot be viewed as a legitimate act or self-defense.

Defendant’s assertion is without merit.

2. Defendant B asserts that even though he collected the hack pipe, the Defendant did not inflict an injury upon the victim, the Defendant’s act was also self-defense to escape from the infringement of the Defendant’s chest.

Witness

E and F shall meet the victim and sound in this Court.

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