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(영문) 대전지방법원 2013.06.05 2012고정2189
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 02:30 on July 25, 2012, Defendant A put the victim’s face and knee, knee, knee, with the victim’s face at the top of the F University located in Seo-gu Daejeon, Seo-gu, Daejeon, and the victim B (the age of 46) flicked with the victim due to H and the problem with H, while the victim’s face was flick, the victim’s face was hneed, and knee, knee, knee, the victim’s face and knee, knee, kne, and so on.

2. Defendant B assaulted the victim on such date, time, and place as above, with the victim A (the age of 44) who was in a trial as seen above, by drinking twice the victim’s head, booming twice the victim’s head, and breathing the victim’s head.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement in the first trial record;

1. The statements of witnesses B and I in the second protocol of the trial;

1. An injury diagnosis certificate (B);

1. Photographs of damage [Defendant B]

1. Defendant B’s statement in the first trial record;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Article 260(1) of the Criminal Act (Selection of Fine)

1. Articles 70 and 69 (2) of the Criminal Act;

1. Defendant A and his defense counsel’s assertion of self-defense and determination under Article 334(1) of the Criminal Procedure Act (the Defendant’s assertion of self-defense, and the Defendant A and their defense counsel, even if Defendant A suffered injury to the victim during the course of suppressing the victim’s assault, they constitute self-defense as passive resistance. However, according to the evidence duly adopted and investigated by this court, Defendant A appears to have suffered injury to the victim by dividing the victim’s face at the time of committing the instant crime into knee and knee and dividing the victim’s face and kne.

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