폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
A defendant shall be punished by imprisonment for not less than one year and six months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant and the victim C(the age of 61) are residents of the same apartment, and the defendant has taken advantage of the opposing party of the victim at the election of the representative of the relocating tenant.
On April 27, 2013, at the front of Jongno-gu Seoul Metropolitan Government D apartment 206, the Defendant: (a) criticizeed the victim for the reason that the victim did not have a person who reported the Defendant and did not do so; (b) provided a brick gate, which is a dangerous object on the floor; and (c) laid down the part of the victim quota, and caused the victim to take treatment for about 14 days.
Summary of Evidence
1. Partial statement of the defendant;
1. Police suspect interrogation protocol regarding C;
1. A written diagnosis of injury;
1. As to the assertion of the Defendant and his defense counsel on two copies of the photograph at the scene of the accident, the Defendant and his defense counsel asserted that the instant crime constituted self-defense or excessive defense, since the Defendant prices the head of the victim by making the head faced with the wall of the Defendant by bating bather head, and the Defendant’s head was at the scene of his defense.
According to the above evidence, the defendant's assertion that the defendant and the victim prices the victim with a defensive intent is difficult to accept since the defendant's head was recognized as having been at the price of the victim's head on the ground of a brick, while the defendant and the victim were breadging dubs and dubb
As the Defendant asserts, even if it is assumed that the victim took flaps of the Defendant’s head and flapsed against the Defendant’s head on the wall and the Defendant prices the victim with the brick view, such an act by the Defendant is not to protect the victim’s unfair attack but to defend the victim’s wrongful attack, and thus, the Defendant was flaped with the victim’s intent to attack, and became the other party against the attack. As such, the act of attack has the character of attack at the same time, which is the defensive act.