(영문) 서울서부지방법원 2018.02.09 2017고정795

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(영문) 서울서부지방법원 2018.02.09 2017고정795

폭행치상

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 4, 2017, at around 03:30, the Defendant: “D,” located in Mapo-gu Seoul Metropolitan Government, was a assault to use the back water of the victim E (the victim E, the 50-year old-old age), thereby spreading the arms to the arms; thereby, the Defendant suffered injury to the Defendant, which requires approximately seven weeks of medical treatment for the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Partial statement of the witness F;

1. Recording records;

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

1. Article 262 of the Criminal Act and Articles 262 and 260 of the Criminal Act and the selection of fines concerning the crime;

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 assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserted that the Defendant’s act constitutes a legitimate defense or a legitimate act, on the grounds that the Defendant’s act was frightened by G, the Defendant, and his defense counsel, but the Defendant’s frightened the Defendant’s spirits.

According to each of the above evidence, the facts leading to the crime of this case are recognized in the situation where the defendant assaultss the main employees working by the victim G, and the defendant speaks G, and the victim assaultss the defendant and causes the defendant to commit the crime of this case.

In full view of the above contents of the defendant's act, situation at the time of the crime, degree of injury to the victim, etc., it is difficult to view that the defendant's act constitutes a legitimate defense or legitimate

We cannot accept the above assertion.

The fact that the degree of injury suffered by the victim for sentencing is serious is that the defendant is disadvantageous to the defendant.

However, there are circumstances that can be considered as above in the course of committing the crime, the defendant has no record of criminal punishment before the instant case, and other various sentencing conditions such as the defendant's age, sex behavior, environment, and criminal records.

참조조문

유사 판례

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