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(영문) 청주지방법원 2019.01.23 2018고정763
상해
Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At around 02:10 on August 2, 2018, the Defendant: (a) 2018, from the stairs of the “D” main building in Heung-gu, Hoju-si; (b) 46 years old and seated in the stairs; and (c) hump to the victim A (the age of 25) and the victim E (the age of 25) of the instant building; (d) flabing the victim A’s flab, pushing the victim’s flab; (c) flabing the victim’s shoulder; (d) flabing the victim’s flab; and (e) flabing the flab; and (e) flabed the victim E, who met the flabing the flab; and (e) flad the victim E.

2. Defendant A, at the time and place indicated in the above paragraph (1), carried the victim’s 45 years of age with her hand on the following grounds: (a) the victim’s fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fats

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Each police interrogation protocol against Defendants B, A, and E;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of Fine);

B. Defendant B: Articles 257(1) and 260(1) of the Criminal Act; selection of each fine

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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: Defendant A and his defense counsel alleged that the injury inflicted on the victim constitutes self-defense. However, according to Defendant B and E’s respective statements and CD images, Defendant A’s act was judged to have exceeded the extent permitted by social norms, in light of the following: (a) Defendant A’s act was committed by assaulting the part of the victim’s breath by hand while he was in a verbal dispute with the victim; and (b) Defendant A’s act was determined to have exceeded the extent permitted by social norms.

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