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(영문) 인천지방법원 2014.12.22 2014고정2964
상해
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Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A and Defendant B are mutually between members who are enrolled in the Fence Center in E.

1. Defendant A around 11:00 on June 26, 2014, at the second floor parking lot located in the Namdong-gu Incheon Metropolitan City, the second floor, where the victim B (n, 38 years of age) took the examination of the Defendant on the members of the Bannn Center, and the victim B (n, e.g., the victim) took the examination of the Defendant on the part of the members of the Mannnnnnn Center, and e.g., e., e., e., e., e., e., e., e., e.

2. While Defendant B was in a dispute with the victim A (at the age of 49) at the above date and time and place, Defendant B placed the victim’s clothes, and quihing the victim’s quihing the quihing with his eye and the left eye with about two weeks of treatment, he placed the snow grass and the eye around the snow that require approximately two weeks of treatment.

Summary of Evidence

1. The legal statement of the defendant A (as of the second trial date);

1. A’s legal statement;

1. Protocol of the police statement concerning B;

1. Application of CCTV CD-related Acts and subordinate statutes;

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning criminal facts and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act;

1. As to the assertion of the Defendant B and the defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant B and the defense counsel committed an act, such as putting the victim’s clothes.

Even if such act constitutes a defensive act to escape from the victim’s attack, and thus, constitutes self-defense, considering all circumstances such as the background, motive, means, method, degree of damage, etc. of the instant crime acknowledged by the evidence as seen earlier, the Defendant’s act cannot be viewed as an act within a considerable extent to defend himself/herself’s infringement of legal interest. Accordingly, the above assertion cannot be accepted.

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

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