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(영문) 대구지방법원 포항지원 2014.10.01 2014고정295
상해
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 20, 2014, the Defendant filed a civil petition with the victim D (the 50-year-old) on the ground that the victim caused the illegal damage to the farm road at the office of Heungan-gu, Seoul (the 50-year-old) around 10:30 on January 20, 2014, and brought the victim's head knife by hand.

As a result, the defendant injured the victim such as towing, escapeing, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph, additional medical certificate attached);

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserted that although the defendant put his/her head to the victim by hand, this constitutes self-defense inasmuch as he/she tried not to go beyond the center while he/she puts his/her body fighting with the victim, it constitutes self-defense.

According to the evidence duly admitted and duly admitted, the following circumstances are (i.e., ① the witness E was placed in the process of gathering and disputing the victim’s head satis, and the defendant was about to go beyond or to go beyond the balance at the time, ② the witness who was requested by the defense counsel was the victim’s head satis to go beyond the defense counsel’s question, but the prosecutor’s question was not memory as to the victim’s head satis; ② the witness who was requested by the defense counsel was the victim’s head satis to go beyond the defense counsel’s question, but the presiding judge’s question was the victim’s head satis before the head satis.

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