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(영문) 서울중앙지방법원 2017.01.25 2016고단5321
상해
Text

Defendant

A shall be punished by a fine of KRW 500,000,000, and by a fine of KRW 700,00.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A, around 12:00 on April 30, 2016, at around 12:12:00, in the front corridor of the Defendant’s residence of Gangnam-gu Seoul apartment complex G 127 Dong 1202, the victim H (n, 41 years old) is mixed, and Defendant A, on the following grounds: (a) why there is why the victim H was mixed.

“The victim was able to write the victim by hand on the ground that the victim said that it was “the year in which she would not have been recovered”, and was tightly sealed on the wall, and was sprinked twice consecutively, and sprinked on one hand, and the victim was sprinked with breath, face, etc. on several occasions, and was sprinked with approximately two weeks of treatment in the part requiring approximately two weeks of treatment.

2. Defendant B, at the same time and place as set forth in paragraph 1, committed several assaults against the victim I (or 68 years of age) by scambling the victim by hand, scambling the victim by hand, and scambling the victim’s chest by scambling the victim’s chest by scambling the victim’s chest.

Summary of Evidence

[Judgment No. 1]

1. Legal statement of the witness H;

1. A damaged photograph (H) (based on the judgment No. 2);

1. Legal statement of a witness I;

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

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 257(1) of the Criminal Act; Selection of fines

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

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 on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant A and his defense counsel asserted that in order to prevent the victim B from committing an assault against the defendant A, the defendant's act of the defendant A constitutes a legitimate defense. The defendant's act constitutes a legitimate defense.

However, in light of the circumstances leading up to the instant crime and the method of committing the instant crime, Defendant A’s above act derived from the intent of attacking the victim B rather than to defend the victim B’s improper attack.

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