(영문) 춘천지방법원 속초지원 2014.12.10 2014고정137

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(영문) 춘천지방법원 속초지원 2014.12.10 2014고정137

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 July 16, 2014, at around 09:00, the Defendant inflicted an injury on the victim's left part, such as a complete string the left part of the victim's neck, which requires approximately two weeks of medical treatment, on the ground that the victim said that the victim was flading a fertilizer to the Defendant on the road, and on the ground that the victim said that he was flading a fertilizer to the Defendant on the road, the victim was flading the face part of the victim's left part by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each medical certificate of doctor E and F preparation;

1. Application of Acts and subordinate statutes to an investigation report (G telephone hearing);

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. First of all, the defendant and his/her defense counsel's argument on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the defendant does not have any fact at the time of his/her victim, but according to each evidence in the holding, the above argument is rejected since the fact that the victim

Next, the defendant and his defense counsel suffered injury upon the victim even if the defendant had suffered injury.

Even if the victim’s act is an inevitable act to defend the defendant’s assault, and thus, it is not illegal as it constitutes self-defense. However, in light of all circumstances such as the process and process of the instant case, purpose, degree of assault, etc. at the time (see, e.g., that it is difficult to see that the victim first committed an assault against the defendant, and that the defendant seems to have first committed an assault against the defendant). Thus, this part of the argument is rejected

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