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(영문) 서울남부지방법원 2018.06.08 2016고정2754
상해
Text

1. Defendant A shall be punished by a fine of 1.5 million won;

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

1. Defendant A, around June 27, 2016, on the grounds that, around 20:20 on June 27, 2016, “D health care center” located in Yangcheon-gu Seoul Metropolitan Government, continued to carry out a victim B (57 years old) movement, Defendant A sold the face face of drinking, and caused the victim to inflict an injury on the victim on the part of the number of days of treatment.

2. Defendant B, at the date, time, place, and place specified in the above “1”, assaulted against the assault by the victim A (49 years old) in his hand, such as tightly pushing, bruping, etc.

Summary of Evidence

[Defendant A]

1. Recording part of the witness B's statement in the third public trial record;

1. Legal statement of witness E;

1. Photographs of damage (B) (Defendant B);

1. Partial recording of a witness A's statement in the third public trial protocol;

1. Application of Acts and subordinate statutes to damaged photographs (A);

1. Relevant Article 257(1) of the Criminal Act, Defendant A who choose a fine: Article 260(1) of the Criminal Act, Defendant B who choose a fine: Selection of a fine, Article 260(1) of the Criminal Act, and a fine;

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

1. Defendants of the provisional payment order: Determination as to the assertion by the Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant A merely sealed Defendant B at one arms to defend Defendant B’s unilateral assault, and there was no fact that Defendant A was faced with face with drinking, and Defendant A’s act of smuggling in his arms constitutes legitimate defense.

2. Determination

A. According to the evidence duly adopted and examined by this court, it is recognized that Defendant A suffered an injury on the part of Defendant B due to Defendant B’s face face in drinking, and Defendant B suffered an injury on the part of Defendant B due to the number of days of treatment.

B. In addition, comprehensively taking account of the circumstances before and after the instant crime was committed, the degree of injury of the instant case, the circumstances leading to the instant crime, etc., which can be acknowledged by the aforementioned evidence, it is difficult to view the Defendant A’s above act as constituting a legitimate defense.

(c)

Defendant

A and defense counsel's above assertion shall not be accepted.

Defendant

Judgment on B and Defense Counsel's argument

1. The assertion.

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