(영문) 수원지방법원 2016.04.07 2015고정3159

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.04.07 2015고정3159

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 27, 2015, the Defendant suffered bodily injury, such as 'abspitation of the body of the victim's face and head, when spiting the victim's chests into the victim's chests, on the ground that the victim D was spited in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, the head of which was 18:10 on July 27, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. A written diagnosis of injury;

1. On-site CCTV photographic data and video CDs;

1. Application of Acts and subordinate statutes to field photographs and damaged parts of the photograph;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is true that the defendant's exercise of tangible power as stated in the facts charged, but this is against the act of spiting the victim's invasion, such as spiting it, and it does not constitute a crime because it constitutes a justifiable act that conforms to

The argument is asserted.

In full view of the following factors: (a) the Defendant’s act is not reasonable as the means and method of the act; and (b) the supplementary nature of the Defendant’s act cannot be recognized; and (c) the Defendant and the defense counsel’s legitimate act cannot be accepted.

Unless there is agreement with the victim on the reason of sentencing, it is unfavorable for the victim to agree with the victim. However, the victim's "influences about whether he has fested so far," and spits spits, etc. on the defendant's clothes, some aspects such as spits, etc., support the minor's children by negligence, part of the fine amount prescribed by the summary order shall be reduced in consideration of the defendant's criminal record and relationship, etc., and the punishment

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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