beta
(영문) 부산지방법원 2019.07.02 2019고단1012

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 15, 2019, at around 18:15, the Defendant got off the victim’s face who sits in the taxi seat on the ground that the victim D who drives a business taxi in front of the city bus operated by the Defendant was in sudden operation in front of the city bus operated by the Defendant.

As a result, the Defendant committed the following acts: salt and tension of the 14-day treatment to the victim; damage to the scambry, scambling, shoulder, and the scambling of the above arms.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of medical certificates);

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

1. Determination as to the defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act for the confinement of a workhouse

1. Although the alleged defendant had been engaged in the flabing of the victim at the time of the instant case, he/she did not inflict an injury upon the victim's face by hand. While the victim tried to get off the taxi and closed the taxi three times, it is an act to prevent the fighting with the victim from spreading much more. Thus, it constitutes a justifiable act.

2. According to the evidence of judgment, the defendant's face is taken by hand in the process of spreading the victim, and the fact that the victim has inflicted an injury requiring medical treatment for about 14 days by shut down the taxi door in which the victim intends to get out of the taxi is sufficiently recognized. In full view of the motive and background of the crime of this case, situation before and after the crime of this case, method and method of the crime, degree of damage, etc., the defendant's act cannot be viewed as a justifiable act, and thus, the above assertion is rejected.