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(영문) 서울서부지방법원 2015.01.27 2014고정965
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. On January 10, 2014, Defendant A, at the office of the Eunpyeong-gu Seoul Metropolitan Government “H” company located G on the ground that the victim B (the age of 52) who is a regular manager of the company (the age of 52) took a bath while taking care of the victim’s face two times, and suffered injury, such as taking care of the victim’s face two times, taking care of about four weeks, taking care of the victim’s face into consideration.

2. Defendant B committed assault by taking the victim’s face on the ground that the victim A (the age of 48) was raised in her speech to the former State I at the date, time, and place under paragraph (1).

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Each legal statement of witness B, J, K and L;

1. A written diagnosis of injury;

1. CDA (deficial video) (Defendant B);

1. Defendant B’s partial statement

1. Partial statement of the witness A;

1. Application of Acts and subordinate statutes of M;

1. Relevant Article 257(1) of the Criminal Act; Defendant A who selects a fine: Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse;

1. Determination as to the defendants under Article 334(1) of the Criminal Procedure Act and their defense counsel's assertion

1. Defendant A and his defense counsel asserted that the illegality of Defendant A and his defense counsel’s assertion constitutes legitimate acts of self-defense or legitimate acts, even though the fact that the Defendant was provokingd with the victim B at the time is merely a passive resistance committed in the course of avoiding the victim’s assault.

B. On the other hand, even if one party seems to have fighting each other, the other party unilaterally commits an illegal attack and the other party protects himself/herself from such attack. The other party’s act of attack and defense was committed in a series of times, and at the same time, the other party’s act of attack and defense was committed.

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