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(영문) 의정부지방법원 2015.07.23 2015고정692
상해
Text

1. Defendant A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three hundred thousand won.

2. The above fine is imposed on the Defendants.

Reasons

Punishment of the crime

1. On July 1, 2014, at around 08:36, Defendant A: (a) reported that the victim B (the age of 58) who resided in the farm located in Guri-si E entered the farm; and (b) the victim stated that “I Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Donn Donn Donn Don,” and the victim assertedd with the victim on the ground that “I Don Don Don? Don Don Don Don and caused the victim to put his arms to the arms, and carried out physical fighting, such as

2. Defendant B, at the same time and place as in the preceding paragraph, she fighted with the victim A (78 years of age) by setting up against the victim’s assault and putting the victim’s arms in his/her hands, and carried out a scarcity, which requires medical treatment for about 10 days, and carried out a scarcity of a scarke wall that requires medical treatment to the victim.

Summary of Evidence

[Defendant A]

1. Legal statement of the witness B;

1. Medical certificate [Defendant B]

1. A’s legal statement;

1. The prosecutor's interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense. Article 257 (1) of the Criminal Act (Selection of Fine);

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

1. Defendant B asserts that the illegality of Defendant B’s act constitutes a justifiable act stipulated in Article 20 of the Criminal Procedure Act by passive resistance to avoid assault by the victim, although he/she was aware of the fact that he/she was sealed by the victim, he/she did not cause injury as stated in its reasoning, and even if not, the Defendant’s act constitutes a justifiable act stipulated in Article 20 of the Criminal Act.

In general, the victim's diagnosis report submitted by the victim of the crime of injury is that the doctor grasps the cause of the injury based on the victim's statement and contains the part, degree, etc. of the injury observed and judged by mobilization of medical expertise.

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