logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2013.06.05 2012고정2420
상해
Text

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

At around 00:10 on May 23, 2012, the Defendant: (a) stated that the victim D, who was accused of the police, did not reach an agreement by the Defendant on the ground that the Defendant did not have any agreement on the part of the Defendant, sent the victim with his wife on the road above the C Apartment 504, Yangju-si, and was in need of the victim’s treatment for 14 days on the ground that he did not commit assault, such as bating the victim’s batch, assaulting the face on one occasion, bating the floor, bating the floor, and so on.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Bodily damaged photo (D);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

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 57 of the Criminal Act including days of pre-trial detention;

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel asserted that the crime of this case is not a crime as self-defense or legitimate act, since the victim D only took the Defendant at the defense level during the process of cutting off the breathum of the Defendant.

In light of all circumstances such as the cause, circumstance, and situation of the occurrence of a case acknowledged by each evidence duly adopted and investigated by the court, the degree and content of the assault committed by the defendant, the degree and content of the assault committed by the victim, and the degree and content of the assault committed by the victim, the defendant's act is deemed to have the nature of the attack beyond the passive limit of defense. It shall not be deemed to constitute legitimate self-defense or legitimate act, which constitutes a reason for the exclusion of socially reasonable illegality of the victim's wrongful attack.

It is so decided as per Disposition for the above reasons.

arrow