(영문) 창원지방법원 2016.12.22 2016고단3244

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(영문) 창원지방법원 2016.12.22 2016고단3244

상해

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 3, 2016, at around 20:05, the Defendant was in a O restaurant operated by the Defendant in Chang Sea-gu, Changwon-si, on the ground that the Defendant did not add half of the victim D (the age of 36) who is a customer, and the Defendant was in a string room for the left-hand side in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Investigation report (STV image verification);

1. A written diagnosis of injury;

1. The defendant and his defense counsel asserted that he did not have the intention of assault or injury because he had the intent to restrain the defendant from taking advantage of his her hummatic intent in advance. However, according to the evidence duly admitted and investigated by this court, the defendant's humbbling of the victim by his humbbling with the victim by his humbrative hand, and it is sufficiently recognized that the defendant had the intention of bodily injury in light of the circumstance and situation of the crime, and the method and degree of the crime. Further, it is difficult to see that it is reasonable in the means and method, and it cannot be deemed that it was an urgent and inevitable means. Accordingly, it cannot be viewed as a legitimate act that does not violate social rules, or self-defense to defend the present unfair infringement. Accordingly, the above argument cannot be accepted).

1. Relevant provisions of the Criminal Act and Article 257(1) of the Criminal Act that apply to criminal facts, the choice of a sentence, and the choice of imprisonment (see, e.g., that it is difficult to see that the defendant is seriously half the criminal defendant, that there is no agreement with the victim, and that there is a career that the criminal defendant

1. The degree of damage to the victim under Article 62(1) of the Criminal Act, and the defendant shall be suspended from execution since 203; and

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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