(영문) 서울남부지방법원 2016.01.20 2015고단4322

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.01.20 2015고단4322

상해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 25, 2015, around 12:20 on August 25, 2015, the Defendant suffered injury, such as the closed flaging of L4 parts, which require treatment for about 90 days on the part of the victim, while having been in dispute with the victim D (67 years of age) in front of the "Seodong Welfare Center for the Aged" in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A place where emergency medical services are to be performed;

1. Emergency medical records;

1. Copies of medical records; and

1. Each injury diagnosis letter;

1. Photographs;

1. Application of each CCTV CD-related statute;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the Nowon-gu Station does not correspond to the degree of injury suffered by the victim due to the instant crime, but did not yet reach an agreement with the victim. However, the Defendant and the victim are extremely contingent crimes in which the victim have been in conflict with each other, and the victim is responsible for the occurrence of or the expansion of damage to the victim, such as aiding and abetting the defendant first, and the victim's injury was caused by the willful negligence of the defendant. At the time, the victim's injury was found to have been caused by the defendant's willful negligence. At the time, the defendant's injury suffered by the victim's chest was caused by the victim's hand by being pushed back to the floor by being pushed back to the back of the mother country, and it seems that the degree of injury suffered by the victim was somewhat excessive, taking into account the age and body of the victim and the degree of the victim's injury at the time of fighting, and the defendant's order and 500 years old, etc.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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