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Reasons
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(영문) 전주지방법원 2018.09.20 2018고단1008
상해
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On February 20, 2018, at around 00:40, Defendant A expressed a talk about the victim B (51) and the past days in G located in the former North Korea-U.S. F, Defendant A had the victim talked with one another. During that process, the victim was pushed down with the Defendant, and the victim was inflicted on the victim’s face and body by drinking home, and the victim was inflicted on the victim, such as cage cages and tensions that require three weeks of treatment.

2. When Defendant B was subject to assault as referred to in paragraph (1) from the victim A (47 years) at the time and place under paragraph (1), Defendant B suffered injury, such as the closure duplic duplic suplic suplic suplet of the victim, which require approximately four weeks of treatment by putting the victim into a bupe and flaps and body of the victim.

Summary of Evidence

[Judgment No. 1]

1. The defendant A's partial statement

1. The legal statement of the witness H and B;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with H;

1. A medical certificate of injury (B) and a damaged photograph (the fact of No. 2 of the judgment);

1. Defendant B’s legal statement

1. Legal statement of the witness H;

1. A protocol concerning the examination of suspect of the police officer;

1. A written diagnosis of injury (A) and the application of statutes governing damaged photographs;

1. Article 257 of the Criminal Act applicable to the crime and Article 257 (1) of the Criminal Act (Selection of Penalty)

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. Judgment on the assertion by the Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The main point of the argument is that the victim B was pushed the Defendant, and the Defendant was seated with 10 vehicles and 10 vehicles, and the Defendant was strokeed with his body to escape from the assault of the victim, and only caused the victim to be light.

The act of a defendant constitutes legitimate defense.

2. According to the evidence examined by this court, the defendant and the victim were able to sit over the defendant who had her seat while her booming.

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