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(영문) 창원지방법원 통영지원 2021.01.13 2020고단1025

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2020, the Defendant: (a) around 17:35 on May 26, 2020, on the part of the Victim B (Woo, 70 years old); (b) around 14 days old, the Defendant saw the victim’s chest as a matter of dispute with the victim; (c) opened the victim’s chest as a hand; (d) opened the victim’s head knife in hand; (e) opened the victim’s head knife over the knife; and (e) opened the victim’s knife over the knife (126 m in length), which is a dangerous object on the floor; and (e) knife knife the victim’s knife and left knife on the part of the knife, caused the victim’s injury to two knife that require treatment between about 14 days.

Summary of Evidence

Part of Defendant’s Court Statements

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to report internal investigation (in cases of attaching on-site photographs) and report internal investigation (in cases of attaching a medical certificate);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Determination as to the assertion by a defense counsel under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Compensation Order pursuant to Article 62(1) of the Criminal Act (the scope of liability for damages is not clear)

1. The alleged defendant's act of threatening the victim constitutes a legitimate defense or a legitimate act by the defendant's act of defending the victim against himself/herself from the damaged person.

2. Whether a certain act constitutes a legitimate act or a legitimate defense as a reason for the exclusion of illegality should be reasonably and reasonably determined as specific cases, and the legitimacy of another act cannot be determined by exceeding the national order.

To be recognized as a legitimate act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, the balance between the protected legal interests and the infringed legal interests, the fourth urgency, and the fifth means or method other than the act.