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(영문) 의정부지방법원 2017.05.25 2017고정3
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A Person who is engaged in the building leasing business, Defendant B is engaged in the real estate brokerage business under the trade name of “E real estate”, and Defendants are in a flat relationship.

1. Defendant A, at around 14:00 on July 4, 2016, committed assault, such as spiting, spiting, or receiving once on one’s own head, part of the inside part of the said B, in which the victim’s “E real estate” office was about to be mediated by the victim B, as a matter of the commercial building transaction agreement, in which the victim B was about to play in good hand, and thereby causing injury to the part of the infant’s spash that requires medical treatment for the next 39 days.

2. Defendant B, at the above time and place, committed an assault, such as spiting spits, etc. on the inside part of the part of the victim, in setting up against the assault of the victim A, and spiting spits, etc. with spits, thereby causing an influent injury on the part of the treatment days.

Summary of Evidence

[Defendant A]

1. The defendant's legal statement (as at the third public trial date);

1. Each legal statement of witness B and G;

1. A medical certificate of injury (No. 9 once a year);

1. Each copy of a medical certificate, medical opinion, and medical record [Defendant B]

1. Partial statement of the defendant;

1. Some statements made to A in the police interrogation protocol;

1. Statement concerning G during the second examination of the suspect against the accused in the suspect examination protocol;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate (No. 11 once a year);

1. The Defendants: Article 257(1) of the Criminal Act and the selection of fines for the crime

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant B and their defense counsel asserts that the determination of Defendant B’s assertion of Article 334(1) of the Criminal Procedure Act constitutes a legitimate defense against the assault by the victim.

However, in full view of the cause and circumstance of the occurrence of this case, the present situation, the degree of infringement inflicted on the victim, etc., known by the records of this case, the defendant.

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