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(영문) 제주지방법원 2016.06.24 2016고정291

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

On February 16, 2016, the Defendant attempted to make a right-hand route from the G ST&A, which is located in the Nowon-gu, Jeju on February 16, 2016, but when the vehicle operated by the victim C (48 years old) was stopped in order to obtain a right-hand signal and making it impossible to make a right-hand route, the Defendant left the vehicle from the vehicle, and then took a bath to the victim, and while the victim was in the time, the Defendant was able to open a vehicle door and take out, 2-3 times the driver’s seat was pusheded, and the victim was able to take a face for about two weeks to receive a right-hand signal.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement prepared in C;

1. Recording notes;

1. The defendant and his defense counsel asserted that, while opening the driver's seat, the driver's seat was cut between the vehicle stopped in the first line and the driver's seat of the victim, and that, since the defendant was sicking the victim's life, the driver's seat in the vehicle of the victim was sealed, the defendant did not have the intention to inflict any injury on the victim and constitutes a legitimate defense.

In light of the following circumstances known by each of the above evidence, it can be sufficiently predicted that the victim's face or body may face the victim's face when opening the door of the driver's seat and closing the door out of the vehicle. In light of the victim's face at the time when the victim's face is faced with the door, and the part under the victim's right eye is teared, and the part under the victim's right eye is teared, and the victim's right eye is shocked, the defendant seems to have been pushed ahead of the driver's seat; the witness who stopped between the defendant's vehicle and the first vehicle after the defendant's vehicle and the second vehicle and stopped the situation at the time, the defendant did not stick between the first vehicle and the driver's seat of the victim.

The statement, the fact that the defendant might have sufficiently avoided by means of turning ahead of or behind the victim's vehicle.