폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
around 05:00 on June 23, 2013, the Defendant was on the road front of the D convenience point in Eunpyeong-gu Seoul Metropolitan Government, and on the road in front of the D convenience point in Eunpyeong-gu, Seoul, for returning home while having a dispute with the victim E (25 years of age).
The victim demanded the victim to talk about it to the defendant. The defendant started the vehicle to avoid this, and even though the victim was slick and slick on the roof of the above vehicle, the victim continued to drive a approximately 70 meters section to the front road of Eunpyeong-gu Seoul Metropolitan Government, by slicking it on the above vehicle, and the victim caused the victim's injury, such as brain slick, etc., which requires approximately 3 weeks of medical treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E, G, H, I, J, K, and L;
1. Application of Acts and subordinate statutes of the body of injury, photographs of the suspect's vehicle, and written diagnosis of injury;
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. As to the part of the Defendant’s assertion of self-defense by the Defendant under Articles 70 and 69(2) of the Criminal Act regarding the Defendant’s assertion of self-defense, it is difficult to view that the Defendant had the intent to injure the victim as follows. At the time, it is recognized that the Defendant was trying to leave the scene by driving a vehicle to avoid cost irrelevant to himself/herself.
However, in full view of the statements made by the Defendant in the prosecution and the statements made by the witness in this court, even if the Defendant did not intend to inflict injury on the victim on the vehicle, the Defendant was able to take off the vehicle when starting the vehicle, and the Defendant was able to get off the vehicle and get off the vehicle in order not to go beyond the victim.