(영문) 서울중앙지방법원 2019.10.10 2019고단4918

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.10.10 2019고단4918

상해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 17, 2019, the Defendant: (a) around the C cafeteria located in Jongno-gu Seoul Metropolitan Government on May 17, 2019, and (b) around the floor when drinking alcohol with the victim D (year 41) who is a private-service site volunteer, and drinking alcohol to the victim's face when drinking alcohol out of the city expenses, and caused the victim's injury, such as cutting off inside and outside the inner wall, which requires approximately five weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. As to the defense counsel’s assertion of injury diagnosis, the defendant asserts to the effect that the crime of this case constitutes excessive defense that constitutes self-defense or that the defendant’s act of excessive defense constitutes excessive defense, because the crime of this case was committed by himself/herself due to an assault sufficient to obtain his/her face by drinking from the victim, and thus, occurred in the process of defensive defense.

According to the evidence duly adopted and examined by this court, although the defendant obtains the face from the victim in the course of dispute with the victim, in such circumstance, the defendant also made an injury to the victim with the face of the victim who continues to go beyond the victim's face. Thus, considering the degree of violence that the victim has exercised and the degree of violence that the defendant used, the defendant's act is an act of attacking the victim beyond the purpose of defending the victim's assault in light of the degree of violence that the victim has exercised and the point at which the defendant used violence toward the victim, etc., the defendant's above assertion is rejected.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] general violent crimes.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

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