beta
(영문) 수원지방법원 2014.05.14 2014고정310

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 8, 2013, at around 15:30, the Defendant, along with C, driven the vehicle at the access road to the ancient-presidential line, which is located in the ancient-pock, in the west of the west, in order to sound the horn to the victim D (the age of 52) in the direction of the vehicle's course, and the playing victim defective the bath to the Defendant and C, the victim’s breath, and C, who was seated in the front breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the fladrat,

As a result, the Defendant, in collaboration with C, inflicted injury on the victim, including two cage cages that require approximately 8 weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes governing field mining inspections;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (1) of the same Act concerning the Selection of Punishment of Violences, etc.

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. At the time, the defendant's act of assaulting the victim as stated in the facts charged of this case was inevitably issued in the course of passive defense to prevent the victim from assaulting the defendant in advance. Thus, the defendant's act constitutes self-defense or legitimate act and thus,

However, according to the above evidence, the defendant's act constitutes self-defense or legitimate act under the Criminal Act in light of all circumstances such as the process, means, degree of assault, etc. of this case at the time.