상해
1. The sentence against the accused shall be 2,000,000 won;
2. The defendant does not pay the above fine.
Punishment of the crime
On June 15, 2018, around 19:02, the Defendant: (a) led the victim D (56 years of age) before the B Apartment apartment C, who had a bath for drinking together with the Defendant; (b) led the victim to the escape of breath for about two weeks in order to make the elevator in his hand, thereby causing damage to the character of the breath part in need of approximately two weeks of treatment; and (c) caused damage to the breath’s string.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. Determination as to the defense counsel’s assertion of an injury medical certificate
1. The alleged defendant did not have any intention to inflict an injury and did not have any awareness that the defendant would have an assault.
Even if there is an intent of assault or injury against the defendant, the act of the defendant, which the victim gets in a narrow elevator in the process of spreading it in order to defend the defects of the defendant's fulbage in a narrow elevator, is not illegal as it constitutes an act permissible in light of social norms or a legitimate defense.
The result of the injury inflicted on the victim
It is not possible to do so, and even if there was an injury, the result of the injury without the intention of assault, so no crime of injury is established.
2. According to the evidence revealed earlier, it can be sufficiently recognized that the victim’s flaps, which the defendant intends to kill an elevator as stated in the judgment, can be satisfyed.
The intention judgment in a criminal case is not an inquiry of an individual's subjective psychological state, but an objective intention that can be inferred from an act is to be judged.
In light of the defendant's act, sufficient recognition of the defendant's intention of assault or bodily injury may be made.
When considering the course of the case and the degree and form of violence, the defendant's act cannot be viewed as a legitimate act or a legitimate defense to the extent that illegality can be avoided.
(b) a damaged person;