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(영문) 부산지방법원 2014.10.30 2014고정1074
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 700,000, and by a fine of KRW 1,000,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

around 23:00 on January 9, 2014, the Defendants assaulted Defendant B’s wife H on the ground that the victim G(35 years of age) used a toilet for a long time, and inflicted on the victim a bodily injury, such as inside and outside of the mouth, which requires approximately three weeks of medical treatment.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. The police statement concerning G;

1. Partial statements made by the police in relation to H and B;

1. Investigation report (as to the statement of the shote);

1. A medical certificate of injury attached to an investigation report (Attachment to a medical certificate of injury);

1. Legal statement of witness G;

1. Partial statements made by a witness A and I in each legal statement;

1. Partial statement of H in the police statement;

1. Investigation report (as to the statement of the shote);

1. A medical certificate of injury attached to an investigation report (Attachment to a medical certificate of injury);

1. Application of the photographic Acts and subordinate statutes;

1. Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines

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 defense counsel regarding the defense counsel's assertion by Defendant B under Article 334 (1) of the Criminal Procedure Act; Defendant B's act was conducted in order to clarify the present situation of his wife, and constitutes self-defense. Thus, according to the evidence of this case, the victim's act was conducted in the process of fighting since the victim committed violence against Defendant's wife and the victim, and the act was conducted in the process of fighting between Defendant and the victim. At the time of the act, the Defendant's act was 6 to 7, and the victim was a mixed, and at the time of the act, the Defendant's wife was a different person at the fighting site of the Defendant and the victim.

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