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(영문) 수원지방법원 2014.02.12 2013고단3092
상해
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A, at around 17:30 on February 20, 2013, lost a large amount of money for gambling at a F restaurant located in Suwon-si, Suwon-si, Suwon-si, the victim called “gambling horse” to the victim on the ground that the victim B (the age of 47) was deprived of money for gambling, and when the victim’s face was taken by drinking flab, following the victim’s flabing.

As a result, the Defendant inflicted an injury on the right side of the bad music that requires treatment for about four weeks.

2. Defendant B, at the same time and place as above 1, tried to gather a knife in a main place against the victim A (the age of 56) and gather the knife in a main place. However, the Defendant again laid a knife on the wind to bome the knife and continued to have the victim knife the knife, and knife the victim’s face.

As a result, the Defendant inflicted an injury on the left-hand salt in need of approximately two weeks of treatment on the victim.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. A witness G and part of the legal statement in B;

1. A written diagnosis of injury [the part concerning the crime committed by Defendant B in the market];

1. Defendant B’s partial statement

1. Partial statement of witness G;

1. Statement by the prosecution concerning witness G;

1. Protocol concerning the examination of suspect A by the prosecution;

1. Application of the legislation in its opinion;

1. Defendants of relevant legal provisions concerning criminal facts: Article 257(1) of the Criminal Act

1. The defendant and his defense counsel held as to the assertion of the defendant A and the defense counsel under Article 62 (1) of the Criminal Code of the suspended execution. Although at the time the defendant had b's face 3 to 4 times with b's flap, the defendant's act constitutes self-defense since it was inevitable in the process of defending him by b knife and b's face.

However, according to the evidence of the ruling, B seems to fall the knife the knife floor, and even thereafter, the defendant assaults B several times.

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