logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.06.09 2015고정1906
상해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 26, 2014, around 15:00, the Defendant was injured by the Defendant at the construction site of a new house in Naju City, and the victim D (64 tax) was suffering from a sudden dispute with the Defendant on the ground that the victim D (64 tax) had a horse dispute with the Defendant, and caused the Defendant’s flabing and blaps, the victim’s hand, and the victim’s hand, and caused the Defendant’s injury to the Defendant’s blapsing and plucking the flaba complex for approximately six weeks on the left-hand side.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. The description of each part of the police interrogation protocol concerning the defendant or E in the suspect interrogation protocol;

1. Some of the statements made by the police in relation to D;

1. Determination on the assertion of the defendant and his/her defense counsel

1. The main point of the assertion is that the injured party spawnizes the Defendant’s breath, and the Defendant spawns the victim to avoid this, which constitutes a legitimate defense.

2. In order to establish the defense of a political party as 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, and level of infringement of legal interests by the act of infringement, as well as the kind and degree of legal interests to be infringed by the act of defense (see Supreme Court Decision 2007Do1794, Apr. 26, 2007, etc.). According to the aforementioned evidence, according to each of the above circumstances, the victim, while having a dispute with the Defendant, she sawd with the Defendant, she saw the Defendant’s flick, and plucked or plicked by the Defendant returning other arms of the victim, thereby causing an injury to the Defendant’s upper part of the upper part of the upper part of the upper part which requires treatment for about six weeks.

Considering these circumstances, the Defendant’s act is aimed at setting up against the infringement of the victim. However, considering all the circumstances such as the background leading up to the dispute, the victim’s act of infringement, and the type, means and mode of legal interests infringed by the Defendant’s defense act, and the degree of injury inflicted on the victim.

arrow