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(영문) 수원지방법원 안양지원 2014.03.07 2013고정1016
상해
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants were punished by fine.

Reasons

Punishment of the crime

1. At around 13:05 on June 6, 2013, Defendant A demanded the victim B (year 52) to return money on the front side of Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, the Defendant, while engaging in a horse fighting one another, while taking the face of the victim one time, and the victim was suffering from an injury to the face face requiring approximately two weeks of medical treatment.

2. Defendant B inflicted an injury on the part of the left-hand side in need of treatment for about two weeks on the part of the victim, by assaulting the victim’s neck against the victim A (the age of 40) at the time and place set forth in paragraph (1).

Summary of Evidence

[Case No. 1]

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A medical certificate of injury in the preparation of a doctor E (the second crime committed on the market);

1. A’s legal statement;

1. Application of Acts and subordinate statutes of a medical certificate of injury prepared by doctor F;

1. Article 257 (1) of the Criminal Act as to the facts constituting the crime;

1. Optional fine;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Defendant B alleged that his act constitutes self-defense and thus does not constitute a crime. However, in full view of the evidence duly adopted and examined by the court, it is reasonable to view that Defendant B’s act was passive defense and did not lead to an attack against the victim. Thus, it cannot be deemed as self-defense.

Therefore, the above argument is not accepted.

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