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(영문) 대구지방법원 2015.06.11 2015고정332
상해
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. Around 08:40 on August 8, 2014, Defendant B leased part of the warehouse (around 10 square meters) owned by the victim A (year 62) within the third floor of “E” in Daegu-gu, Daegu-gu, 2014, Defendant B left the victim’s chest as he was pushed down on the ground that the victim does not have the key to the warehouse, and left the victim’s chest with the victim’s right hand hand on the victim’s right hand for about two weeks of treatment.

2. Defendant A, at the same date and time as, and at the same place as, the above paragraph (1) above, carried the victim’s flaps by hand in response to the above acts of the victim B (the age of 64), flapsed the victim’s neck, flapsed the victim’s neck, and flapsed the victim’s neck 3 to 4 times the victim’s boat flapsed by drinking.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of the witness B;

1. Each written diagnosis (a) is denied to the effect that the Defendant A does not commit a crime that does not obstruct B’s timber, but the witness B’s statement in the court, consistent with the facts charged, has a specific and consistent nature, and thus credibility exists.) is applied to the relevant statute.

1. The Defendants: Article 257 (1) of the Criminal Act concerning criminal facts and the choice of punishment;

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

1. Defendants of the provisional payment order: the Defendant asserts that his act constitutes self-defense as to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act.

In light of the evidence duly adopted and examined by this court, although it was recognized that B had started physical fighting by exercising violence first, such as bringing the key of the defendant and breaking the defendant's chest according to the boom, etc. However, during the process, it is also recognized that B fighting was done by selling arms as stated in the judgment of the defendant.

According to the above facts, the above acts of the defendant are unfair.

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