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(영문) 서울중앙지방법원 2013.09.26 2013고단986

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

around 19:40 on August 17, 2012, the Defendant: (a) around 19:40, at Dhop in Jung-gu Seoul, Jung-gu, the victim E (Nam, 41 years of age) who drinked alcoholic beverages from the next table table; (b) during the dispute between the Defendant’s table and the Defendant’s table of the beer and the beer of the beer parallel on the table table, which were in danger to the Defendant’s table, was under dispute; and (c) 500cc glass beer, which was a dangerous thing at the table, and (d) 21 days off to the victim: Provided, That the injury diagnosis report is written as “four weeks in front.”

(See Article 77 of the Evidence Records) Injury was inflicted, such as a balone and an open balone of the balones consent, in need of treatment.

Summary of Evidence

1. Each legal statement of witness E, F, G, and H;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement to E, G, F, and J;

1. A H statement;

1. A medical certificate, medical certificate, and medical opinion;

1. The fact-finding inquiry and reply (K Hospital);

1. Application of Acts and subordinate statutes on site photographic materials;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act concerning the crime, Article 257 (1) of the Criminal Act;

1. Determination on the assertion by the Defendant and his/her defense counsel under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation

1. During the claimed victim’s playing with the Defendant, the Defendant was frightened with frighten, and the Defendant avoided the Defendant’s living beer, and the Defendant also went out from the defense level with the beer residues. At that time, the victim’s head was faced with the beer residues of the Defendant, and the victim’s act fell under self-defense.

2. Determination

A. To recognize a certain act as a self-defense under Article 21 of the Criminal Act, the act is to defend the current infringement of one’s own or another’s legal interest and must be reasonable. Whether the act of defense is socially reasonable or not is the kind, degree, method of infringement, and the completion of the act of infringement.