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 fine is imposed against the Defendants.

Punishment of the crime

1. 피고인 A 피고인은 2011. 3. 28. 12:00경 경산시 E 앞 노상에서 피해자 B(여, 54세)과 경계선 문제로 다툼이 있어 측량을 한 후 측량요금 문제로 시비가 되자 서로 욕을 하면서 싸우다가 주먹으로 피해자의 머리와 가슴을 때리고 피해자의 손목을 잡아 손가락을 꺽어 피해자에게 약 6주간의 치료를 요하는 좌측 수부 제5수지 인대파열 등의 상해를 가하였다.

2. Defendant B, at the above time and place, went to the victim A (the age of 70) for the foregoing reasons, and took a bath for the victim A (the age of 70), and put the victim into the balthum spathum, which requires treatment for about two weeks, by scaming the bals of the victim.

Summary of Evidence

1. Each legal statement of witness A, B, and F;

1. Some statements in the police interrogation protocol against Defendant A

1. Partial statement of the police interrogation protocol of Defendant B (including part of the statement of Defendant A)

1. The police statement concerning B;

1. Each complaint;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense and Article 257 (1) of the Criminal Act concerning the selection of punishment;

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

1. Defendant A and his defense counsel’s assertion on the assertion of Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act alleged to the effect that since Defendant A acted at the defense level, it constitutes self-defense or legitimate act. However, in light of the circumstances indicated in the record, the process of the instant case, the means and consequence of the act, and all other circumstances, such as Defendant A’s intent, etc., it cannot be deemed as self-defense or legitimate act.