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(영문) 수원지방법원 안양지원 2021.03.26 2020고정621
상해
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Although the defendant was prosecuted for the injury, the facts charged in the injury include assault and do not impede the guarantee of the defendant's right to defense, the defendant is guilty of assault without any changes in the indictment.

On January 17, 2020, the Defendant assaulted the victim D (V, 62 years of age) in front of the C cafeteria located in Boan-gu B on January 17, 2020.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

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

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

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

1. Article 59 (1) of the Criminal Act of the suspended sentence;

1. The suspended fine of KRW 300,000 (10,000 per day from exchange inducement) [the defendant alleged that he committed passive defensive act against the victim's assault, but according to CCTV images at the time of this case, the defendant's assertion that he was sealed with the victim before he was out of the court, and cannot be seen as going beyond the passive defensive act and constitutes a legitimate defense. Thus, the defendant's assertion should not be accepted.]

Although sentencing has been closely and assaulted by the accused with the victim, it seems that it appears that the injured person who caused the dispute will follow the defendant, and that the start of the case might have been the cause of the occurrence of the case. The defendant suffered a framework that requires six-day medical treatment due to the assault by the victim, the first offender who has no record of criminal punishment, and other various sentencing conditions shall be determined as ordered by comprehensively taking into account the following factors:

Parts of innocence

1. The summary of this part of the facts charged showed that the victim D (e.g., 62 years of age) committed the same act as the facts charged in the judgment of the defendant, thereby leading the victim D (e.g., the victim) to the number of days of treatment to be treated.

2. According to the evidence of the judgment, the Defendant and the CCTV images at the time of the instant case.

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