(영문) 수원지방법원 2013.11.07 2013고정1576

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(영문) 수원지방법원 2013.11.07 2013고정1576

상해

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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 1, 2013, at around 02:40, the Defendant, at around 1, 2013, carried the horse fighting with the victim D (34 years of age) and the vision from the front corridor No. 106, 702, the Defendant, while getting on the passage elevator No. 1 and 2 and moving to the first floor, the Defendant, in response to the victim’s body, was tightly pushed down with the victim’s body in his hand, and caused the injury, such as catitis, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. A photograph of the damaged part;

1. A written diagnosis of injury;

1. Application of CCTV 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. The defendant and his defense counsel asserts to the effect that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act constitutes self-defense or legitimate act because the defendant committed an assault against the victim under the circumstances of assault by the victim.

According to the CCTV image, it is confirmed that D used the defendant's chest part of the defendant's chest while getting on the elevator with the defendant, and used the type force first by pushing the defendant out of the elevator. However, if the defendant was pushed the defendant outside of the elevator and pushed the defendant into the elevator again, he displayed D again into the elevator, and then he displayed D's head, and then the defendant was able to get off D's head, and after that, it was confirmed that the defendant used violence to the other party in a way such as breaking the head and booming the head. The exercise of the type force of the defendant and the victim appeared to have the nature of attacking each other in the situation of vision.

참조조문

유사 판례

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