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(영문) 인천지방법원 2013.06.21 2013고정929
상해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 28, 2012, at around 18:20 on August 28, 2012, the victim F (the age of 65) who operates Emart in front of the D restaurant in Seo-gu Incheon, Seo-gu, Incheon, left the crypt, and left the crypt, which led to a crypting problem, once more than once, and the victim G (the age of 64) who crypted the victim G (the age of 64) with the victim's son's son's son, the victims stop it, and the victims move into Emt with the victim's son's crypt, leaving the victim G over the floor, plick the victim's son's son's son's son's son's upper part over the floor, leaving the victim's neck, and making it open to the victim's crypt, etc., with the victim's injury requiring treatment of approximately 6 weeks.

2. The Defendant committed assault, at the above date, at the above time and place, when the victim H (the age of 26) was prevented from paying the above trial expenses, and subsequently, committed assault, such as when the victim’s left-hand knicks were cut off

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, G, H and J;

1. Application of CD 1 statute

1. Article 257 (1) of the Criminal Act (the point of injury, the choice of fines) and Article 260 (1) of the Criminal Act (the point of violence and the selection of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the Defendant and the defense counsel asserted that the Defendant’s act is dismissed as legitimate self-defense or legitimate act as a passive resistance against the victim F’s assault.

According to the above evidence, the defendant is stated in the facts constituting an offence against the victim F as the victim F.

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