(영문) 서울동부지방법원 2017.04.18 2017고정106

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2017.04.18 2017고정106

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 26, 2015, at around 00:30 on March 26, 2015, the Defendant, at the Defendant’s residence located in Songpa-gu Seoul apartment house and 107 Dong 1301, brought about the victim D (38 tax) who is the husband of this child’s accommodation on the ground that he did not have a proper base, followed the victim’s face and neck with a hand-to-face, with approximately one week care for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (the daily calculation amount: 100,000 won) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion as to Article 59 (1) of the Criminal Code of the Suspension of Pronouncement of Sentence (the part in favor of the reason for sentencing) and the defendant alleged to the effect that the defendant's crime constitutes a justifiable act to escape from the victim's assault, etc. or a legitimate defense. However, the defendant and the victim committed an attack and defense during the process of marital fighting with the victim's act of attack and defense, and the defense act has the character of both attack and defense at the same time, and only one act is a legitimate act to defend against the defendant by fear that

In common, it is difficult to see that the defendant's act falls under the defense of a political party, and in this case, considering the motive and circumstance leading up to fighting, the process of fighting, the means and method of committing a crime, the degree and result of the victim's injury, etc., the defendant's above act cannot be deemed as a legitimate act or a legitimate defense that does not go against social norms, and thus, the above assertion is rejected.

The reason for sentencing is that there is no criminal record on the defendant's criminal punishment, and the degree of injury to the victim is relatively weak.

The defendant appears to be the victim.

참조조문

유사 판례

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