(영문) 수원지방법원 안양지원 2016.12.27 2016고정797

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(영문) 수원지방법원 안양지원 2016.12.27 2016고정797

상해

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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

On May 20, 2016, around 23:50 on May 20, 2016, the Defendant: (a) placed a village bus in front of the bus stops in the village of 138, with a view to the issue of the victim D (the age of 49, south) who is an operator of the above village bus and the transfer rate.

With the victim's face 3 times by drinking, the victim, the left-hand side of the defendant, and the defendant set up against this, and faced with the victim's ballebbage and pushed down, and caused the victim's injury to the chest that requires medical treatment for 14 days by suffering from the victim's left-hand side.

Summary of Evidence

1. Partial statement of the defendant;

1. suspect interrogation protocol of the police as to D, and suspect interrogation protocol (second, second, and substitute interrogation);

1. Application of Acts and subordinate statutes, such as a medical certificate of injury (number 4);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel asserted on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order, and the defendant asserted that the crime of this case was caused by the crime of this case in order to defend the victim first, and thus, constitutes self-defense.

However, according to the evidence duly adopted and examined by this court, even though the victim was deemed to have committed an assault first against the defendant, the defendant also sustained the victim's breath by spathing and pushing ahead with the breath, and it is reasonable to view that the above act of the defendant is not limited to a simple defensive act to defend the victim's improper attack but also has the nature of the act of attack. Thus, it does not constitute self-defense.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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