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(영문) 대구지방법원 상주지원 2016.02.16 2015고정196
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A A shall be punished by a fine of KRW 500,000,000,000,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On July 28, 2015, around 18:10, the Defendants opposed to the actions of the Victim F (F) in front of the Defendant’s house located in the Singue E on July 28, 2015, and Defendant A used the victim’s left hand floor at one time, shakes the victim’s head knife, and in combination, Defendant B had the victim knife the victim’s knife over the floor with the victim’s head knife, and knife the victim’s knife.

As a result, the Defendants jointly inflicted an injury on the left framework that requires treatment for about 56 days to the victim.

Summary of Evidence

1. Some of the defendant A's legal statement (a statement that he/she sawd at one time by the victim);

1. The legal statement of the defendant B in part (a statement that the victim was suffering in order to remove the victim's hand of the head of the defendant A);

1. Protocols concerning the first and second examination of suspect with respect to F;

1. Application of Acts and subordinate statutes attached to the F's written complaint;

1. The Defendants: Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective of fines) concerning criminal facts;

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 and his defense counsel’s assertion on the Defendant B and the defense counsel’s assertion were found to have been removed by the Defendant and the victim in order to fight, and did not sealed the victim. As such, the Defendant’s act did not violate social rules and thus constitutes a justifiable act. However, in full view of the crime of this case known by the evidence as seen above, the Defendant committed an act of infringing the victim’s intent to attack beyond the simple means of defense and as stated in the facts of crime in the judgment of the court below.

It is reasonable to see that it does not violate social norms.

It is difficult to see that it does not constitute a justifiable act.

Therefore, we cannot accept the arguments of the defendant and his defense counsel.

Sentencing.

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