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(영문) 대전지방법원 2015.01.22 2014고정418
상해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 14:20 on January 10, 2014, the Defendant tried to cut a bath in the building site of Daejeon Pungsung-gu C 14th floor. From the victim D, “Woo-gu outside a large amount of dust,” “Woo-do,” on the ground that he saw the horses, the Defendant was sprinked against the victim, and was sprinked with the victim’s flab, and was injured by plucking, plucking, etc., of D’s left hand hand, which saw his flab, and caused the victim’s injury to the 3rd part of the flab, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A written diagnosis of injury;

1. Application of the provisions of the new Acts and subordinate statutes to the inquiry and reply of members of Franchisium;

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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant alleged that there is no plucking or plucking of the victim's left hand, and the victim's own will would be faced with the desire to commit the left hand.

Even if not, the defendant's act constitutes self-defense.

2. Determination

A. The victim stated consistently from the investigative agency to this court that the defendant suffered bodily injury from the 3 balance of spawneds, which requires treatment for about six weeks by plucking and plucking up his own left hand. The victim's statement is credibility in light of the following circumstances acknowledged by the above evidence:

Since the facts charged are sufficiently recognized.

① At the same time, E, the only witness at this court, who was the only witness at this time, had the Defendant and the victim in a dispute, and flabed one another, and spathed and plucked the victim’s left hand, and made it clear that the victim’s left hand does not face the victim’s bath.

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