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(영문) 대전지방법원 2016.04.20 2015고정1384

상해

Text

Defendant

B shall be punished by a fine of 5 million won.

Defendant

B If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

The victim A(51) is a tourist bus engineer, and the defendant B is an employee of the apartment management office.

Defendant

B around 12:10 on February 26, 2015, at the parking lot of the National Park Office in Busan-do, which was changed by 166(Wedin), B used violence, such as plucking, plucking, etc. of the victim's right-hand arms, thereby cutting down the frame between the right-hand bridge and the right-hand bridge, which requires 11 week medical treatment.

Summary of Evidence

1. The defendant B's partial statement

1. A legal statement of a witness;

1. Application of Acts and subordinate statutes of subparagraph (A);

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that the above Defendant’s act was a legitimate defense through a legitimate act, since he sawd from the injured party the breath, e.g., e., e., e., e., e., e., e., e., e.,

In light of the background and motive leading up to the crime, the method and degree of the crime as indicated in the judgment, etc., the Defendant’s act constitutes an active attack, not merely an act of defense against the other party’s illegal attack, but also an act of defense against the other party’s unlawful attack. As such, the means and method do not seem to be reasonable, it cannot be viewed as a legitimate defense or a legitimate act.

Therefore, the defendant's above assertion is rejected.

Dismissal of Public Prosecution (Defendant A)

1. 공소사실의 요지 피고인 A은 2015. 2. 26. 12:10 분경 전 북 부안군 내소사로 166( 진서면) 변 산 반도 국립공원사무소 주차장에서 피해자 B(46 세) 이 처와 다투고 있는 장면을 구경하고 있을 때 피해자가 “ 뭘 쳐다봐 씨 발 놈 아 ”라고 욕을 하였다는 이유로 피해자의 멱살을 잡아 흔들어 폭행하였다.

2. This part of the facts charged is subject to Article 260(1) of the Criminal Act.