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(영문) 수원지방법원 2019.08.13 2019고정806

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a dump truck engineer.

On December 14, 2018, the Defendant: (a) at the construction site of the wife B and the adjacent bridge in Chungcheongnam-si on December 16:0, 2018, the Defendant inflicted an injury on the victim, such as “the salt and tension of the heavy spawd,” which requires approximately two weeks of treatment by plucking the victim’s neck and plucking the left hand hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. 112 reported case handling table;

1. A criminal investigation report (the attachment of a written diagnosis of injury submitted by the victim) [the defendant asserts that the defendant's act constitutes self-defense. However, in a case where it is reasonable to deem that the perpetrator's act was committed first with the intent of attack rather than with the intent of attacking the victim's unfair attack, and the act was committed against it, it cannot be viewed as self-defense because it has the nature of the act of attack as well as the act of attack (see Supreme Court Decision 2000Do228, Mar. 28, 200). In light of the circumstances of the crime of this case acknowledged by each of the above evidence, the situation at the time of the crime, the behavior of the victim, the means and method of assault, and the degree of assault, etc., it is difficult to view that the defendant's act constitutes self-defense as a passive resistance against the victim's act as a defense.]

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;