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(영문) 수원지방법원 성남지원 2014.05.29 2013고정1701
상해
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Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Criminal facts

On June 15, 2013, the Defendant: (a) around 21:10, on the 3813-way road in Seongbuk-gu, Sungnam-gu, Sungnam-si; (b) on the ground that the Defendant was able to obstruct the Defendant from getting a bicycle before the direction of proceeding while the victim C (38 years of age) was staying a taxi; and (c) on the ground floor of the victim’s inside part of the city, the Defendant got the victim out of the ground floor at which the number of days of treatment cannot be known to the victim; and (d) on the ground side and knee kne van, the Defendant put the victim

Summary of Evidence

1. The entry of witness C in the third protocol of trial;

1. Legal statement of witness D;

1. A copy of medical records and the application of Acts and subordinate statutes;

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 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;

1. Judgment on the defense counsel’s assertion under Article 186(1) of the Criminal Procedure Act, which bears litigation costs

1. The defendant's defense counsel asserts that at the above date and time, at the above time and place, the victim, who gets off from the taxi, dump, dumpeded the defendant by putting him in a bath, and dumping the defendant's dump, and sumped it in the future without putting the victim's power. Thus, this does not constitute a crime because the defendant's defense constitutes self-defense where the illegality is excluded or excessive defense is unlikely to expect legal

2. According to the evidence adopted above, the defendant's act cannot be deemed as a case where there is no possibility of expectation of lawful act as a legitimate self-defense or excessive defense, and the above assertion by the defense counsel is rejected, since the defendant's act cannot be deemed as a case where the defendant's act constitutes legitimate act as a self-defense or excessive defense.

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