(영문) 의정부지방법원 2014.05.08 2013고정2090

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자간(%)

(영문) 의정부지방법원 2014.05.08 2013고정2090

상해

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The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 23:40 on May 30, 2013, the Defendant, on the street in front of the “Dart” in Speaker-si C, brought a dispute between the victim E (the age of 61) and the vehicle parking problems, and brought an injury to the victim, by asking the victim for his/her face by hand, and by asking for his/her finger as soon as possible, for about two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses E in the fourth trial records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. A fine not exceeding 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Determination as to the assertion by the defendant or his defense counsel under Article 59(1) of the Criminal Code (the degree of injury inflicted by the victim is relatively minor, the victim expressed his/her intention not to be punished against the defendant in this court, and the primary crime) of the suspended sentence

1. The summary of the assertion is that there is no fact that the defendant did not injure the victim, and there is no causal link with the injury of the victim, such as the catum fat, etc., and the defendant's face is sealed, and the defendant's act of fating the victim's face is a self-defense or excessive defense.

2. The following facts revealed by the evidence duly examined by the court below, namely, the victim consistently stated that the victim was sealed by the victim himself/herself, and there is no reason to suspect the credibility of the victim's statement, and the defendant's face is acknowledged. The victim's face is acknowledged. The victim's written diagnosis submitted by the victim contains injury such as the old net heat, which is acknowledged as having causation with the above act of the defendant, and the contents of the above written diagnosis of injury can also be reliable, and considering the circumstances leading to the crime of this case and the attitude of the act by the defendant, such as the defendant's assertion.

참조조문

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