logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2016.05.10 2015고정1712
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 15:30 on September 1, 2015, the Defendant suffered an injury in need of approximately four weeks of medical treatment, such as cutting down the body of the victim’s chest with the victim, and cutting down the face of the victim’s chest by hand, and cutting off the body of the victim’s chest into the body of the body of the body of the victim, and cutting down the victim’s face with drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A medical certificate of injury submitted by a person E;

1. Photographss of the parts of the victim's body;

1. The application of the Acts and subordinate statutes on images and photographs of the ctv for crime prevention, and images taken by the victim E of the suspect E, and the part of the photograph;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his/her defense counsel is not related to the defendant's act and the victim's injury and is not so related.

Even a party asserts that it constitutes a legitimate defense.

However, according to the evidence mentioned in the judgment, in particular, according to the victim's legal statement that the defendant has been sealed and divided above, the defendant can be recognized as committing the bodily injury described in the judgment of the defendant.

B. In light of the circumstances acknowledged by the evidence stated in the judgment below, the instant injury crime is deemed to be an act committed during fighting and at the same time an act of attack is deemed to have the nature of attack, and thus, it cannot be deemed to constitute a legitimate defense.

Therefore, Defendant and defense counsel’s assertion cannot be accepted.

arrow