(영문) 수원지방법원 성남지원 2021.02.02 2020고정863

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 성남지원 2021.02.02 2020고정863

상해

Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B (n, 28 years old) are a veterinarian who jointly operated a D veterinary hospital located in the area of Seongbuk-gu, Sungnam-si.

On November 30, 2018, the Defendant, at the above veterinary hospital around 10:30 on November 30, 2018, inflicted injury on fingers, urines, and tensions that require approximately two weeks of treatment on the part of the victim when the victim tried to photograph the drug used to report the Defendant with cellular phone, after which the victim was able to shot up the damaged person, and cut over the floor, etc.

Summary of Evidence

1. The defendant's partial statement of the court, the police testimony of the defendant Eul, the police interrogation protocol of the police interrogation protocol of the defendant Eul, the reference materials, and the investigation report [the defendant and his defense counsel did not reach the degree of bodily harm, and the defendant's act was committed in an imminent situation where the injured person takes an illegal photographing, and the defendant's act was committed without the defendant's intent to injure or the illegality was avoided due to the party's defense. However, the circumstances acknowledged by the evidence duly adopted and investigated by the court of this case acknowledged by the evidence, the defendant's act committed the bodily harm in the course of viewing related data with the victim after the defendant proved that the injured person suffered physical harm due to the defendant's act, such as hurgical observation, and the victim's act was presumed to have suffered physical damage due to the relation with the defendant and the victim, the relation between the defendant and the victim, the process and circumstances of the crime, and the operation of the veterinary hospital.

It is difficult to readily conclude that the victim's act is illegal, and therefore it is difficult to view it as a legitimate defense, and according to the evidence above, the defendant's injury is recognized).

1. Article 257 of the Criminal Act and Article 257, Paragraph 1 of the Criminal Act (Selection of Penalty) regarding criminal facts.

참조조문

-형법 제257조 제1항

유사 판례

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