(영문) 서울동부지방법원 2018.10.12 2018고정644

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2018.10.12 2018고정644

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Part of the facts charged shall be corrected ex officio to the extent that it does not disadvantage the defendant's defense right.

Around 14:00 on December 23, 2017, the Defendant, at the front parking lot located in Songpa-gu Seoul Metropolitan Government, was in dispute with the victim D (the 52-year old age)'s shape and movement parking problems, and the Defendant, as head, acted as he would have the victim's face, acted as he would have the victim's face, pushed the victim's chest and pushed the victim's breast part, thereby requiring treatment for about 14 days for about 14 days.

Summary of Evidence

1. Partial statement of the witness D;

1. A criminal investigation report (CCTV image data analysis) and CD images attached to the above criminal investigation report;

1. A medical certificate of injury attached to a criminal investigation report (the medical certificate of injury of D, etc.) (the defendant and his/her defense counsel did not assault the victim and such act was committed in his/her household;

This also argues that the victim's injury constitutes a legitimate defense or a legitimate act, and that the victim's injury occurred in the course of assaulting the defendant.

According to the evidence duly adopted and examined by this court, the defendant acted as head of the victim's face, and the victim's chest part was sealed to injure the victim in the facts charged. The following circumstances acknowledged by the above evidence are as follows: (a) the victim committed an assault, i.e., the victim's chest first, but the defendant committed an attack against the victim, i.e., the victim's chest at a very close distance to the victim; (b) the defendant committed an attack against the victim by acting as head of the defendant's face; and (c) the defendant's act is characterized as an attack beyond passive defense.

In light of the judgment, it is difficult to view the Defendant’s act as constituting a legitimate defense or a justifiable act.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

유사 판례

-광주지방법원 2017.07.11 2016노3223

-인천지방법원 2016.04.28 2015고정3343

-서울중앙지방법원 2018.05.24 2018고정26

-부산지방법원 2016.04.07 2015고정4314

-인천지방법원 2018.07.05 2017노3654