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(영문) 서울중앙지방법원 2015.05.01 2015고정166

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who works as a broker assistant to the Creal estate brokerage office in B, and the victim D is a person who works as a broker assistant to the F real estate brokerage office in E, and is known to each other.

The victim D tried to conclude that the defendant had sexual intercourse with the owner of the building on the office in which he had expressed the introduction in the name of another real estate, and that the contract has been cancelled.

On October 30, 2014, at the H parking lot located in Jongno-gu Seoul Metropolitan Government, around 15:18, the Defendant suffered bodily injury, such as salt pane, etc., in need of treatment for about 10 days, by putting the victim D’s fat, following the fating of the victim D, making the fat, drinking once, and passing the plastic fat together with the victim D.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of police suspect regarding D;

1. A photograph of a CCTV image closure;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The Defendant asserts that the judgment on the Defendant’s argument regarding the provisional payment order under Article 334(1) of the Criminal Procedure Act is justified as self-defense.

살피건대, 앞서 설시한 증거들을 종합하면, 피고인이 피해자 D과 서로 멱살을 잡고 다투다가 함께 넘어진 사실, 피해자 D이 공격이 끝난 후에도 피고인이 양동이를 휘두르고 대걸레를 들고 위 피해자를 �아간 사실을 인정할 수 있는바, 이러한 사정에 비추어 보면 피고인의 행위는 부당한 공격을 방어하기 위한 것이라기보다는 서로 다투다가 먼저 공격을 받고 이에 대항하여 가해하게 된 것이라고 봄이 상당하고, 이와 같은 싸움의 경우 가해행위는 방어행위인 동시에 공격행위의...