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(영문) 서울중앙지방법원 2018.08.24 2018고정1001

상해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a pastor, victim B (n, 63 years of age) and a wife and a father.

On January 28, 2018, at the entrance of the 1st floor E apartment building in Gwanak-gu, Seoul Special Metropolitan City around 12:05, the Defendant: (a) committed assault, such as assaulting the victim’s body by fasting the victim’s left hand and cutting it back to the upper floor; (b) thereby, the Defendant inflicted injury on the victim of the d apartment E-dong 1st floor in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Each legal statement of the witness F and B;

1. Statement made by the police against B;

1. A written statement;

1. Image images of CCTV;

1. One CD in relation to CCTV video recording;

1. Application of the legislation in its opinion;

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

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

4. Judgment on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act (the grounds for conviction)

1. The gist of the argument was that the Defendant did not exercise any tangible force against the victim.

Even if there was an exercise of tangible power or physical contact;

Even if there is no intention of injury or a passive defensive act to protect the wife of the defendant, it is a legitimate defense or a legitimate act.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the CCTV images containing the figures at the time of the instant case appear to have been pushed down by the Defendant as profesing the victim with left hand, and this is difficult to see that the damaged person was defesced with the Defendant’s shoulder or arms, as alleged by the Defendant, and ② the victim was under the control of preventing the Defendant from selling his intent to go up simply, and the victim was the Defendant’s personal seal.