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(영문) 수원지방법원 2013.07.04 2013고정572
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

1. On September 21, 2012, the Defendant: (a) around 21:05, on the front day of the E apartment in Sungsung-si, the vehicle was changed rapidly by the victim B, while driving the vehicle, and the Defendant was placed in front of the victim’s vehicle while driving the vehicle, and the victim was able to take the bath from the vehicle of the victim; (b) the victim was able to take the bath from the vehicle of the victim; (c) the Defendant was able to inflict an injury on the victim, by taking two times as his face of the victim, such as knife, and knife, knife, etc., for two weeks, on the part of the victim.

2. Defendant B used the victim’s hand while putting the victim’s hand over with the victim A at the time, time, and place specified in paragraph (1), and assaulted the victim’s hand.

Summary of Evidence

[Judgment of the court below]

1. The defendant A's partial statement

1. The police statement concerning B;

1. Non-fix photographs of the damaged body;

1. A written diagnosis of injury (the second fact in the market);

1. Defendant B’s partial statement

1. Application of the Acts and subordinate statutes on witness A's legal statement;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Article 260(1) of the Criminal Act (Selection of Fine)

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

1. Defendants of the provisional payment order: Defendant B and their defense counsel's assertion as to Defendant B and their defense counsel under Article 334 (1) of the Criminal Procedure Act; Defendant B and their defense counsel asserted that the act of Defendant B was against the victim's attack and constituted self-defense or legitimate act; thus, according to each of the evidence mentioned above, Defendant B may be acknowledged as having committed an assault as stated in the judgment of Defendant B, and the above act of Defendant B cannot be deemed as self-defense as it has the nature of active attack beyond mere defense, and it does not constitute self-defense at the time of Defendant B's such act.

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