logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.09.22 2016고정1312
폭행치상
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On October 13, 2015, on the ground that the victim D (51 years of age, south) E (54 years of age, leisure) was not met in front of the c apartment of Ansan-si, Ansan-si, Ansan-si, the Defendant observed to E, by hand, that he was flicking the victim’s her son, and her her son’s son with E’s her son, and continued to her her chest after having the victim’s her chest close her chest on one occasion and pushed the victim over the her ground, thereby suffering from the injury of the victim, which is in need of approximately 8 weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police for E;

1. A medical certificate;

1. The defendant and his defense counsel asserts that CCTV images (the defendant and his defense counsel had a present infringement of the body of E by assaulting the victim, etc., and the defendant's intent to prevent this infringement has led the victim to be pushed down and frighted so that they could constitute a legitimate defense.

In order to establish a political party defense stipulated in Article 21 of the Criminal Act, the act of defense should be socially reasonable by comprehensively taking into account various specific circumstances, such as the type, degree, method of infringement, completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see Supreme Court Decision 2007Do1794, Apr. 26, 2007, etc.). According to the evidence above, the defendant was contacted by a female-child-gu that the victimized person was in contact with the mother of the victimized person, and went back to E while the injured person was going back to go back, and went back to the scene of assaulting the victim, immediately going to go back, after the victim got her chest and pushed the victim so that the victim may no longer exercise force against E, and then the defendant and the injured person took her hick toward a tree by taking two hums of the victim so that the victim may not use it.

arrow