(영문) 대구지방법원 서부지원 2014.04.10 2013고단796

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2014.04.10 2013고단796

상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 17, 2013, the Defendant: (a) around 07:18, on the ground that the victim E (the age of 48) was trying to use a shower box left by the Defendant in the West-gu, Daegu Metropolitan City, Seogu, on the ground that the victim E (the age of 48) was trying to use the shower box left by the Defendant in advance; (b) the Defendant, while making the victim and the franc, went into the victim’s entrance, was fluencing the victim’s left finger, making it difficult for the victim to take the part of the victim’s bad finger, thereby causing injury to the victim, such as a spathal of the baby requiring medical treatment for about four weeks.

Summary of Evidence

1. Partial statement of witness E;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Police suspect interrogation protocol of the accused (including E statements);

1. Police suspect interrogation protocol regarding E;

1. Application of each medical certificate, damage photographing statute;

1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 (1) of the Election of Imprisonment or Imprisonment;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act (see, e.g., the circumstance that the Defendant was a contingent crime committed in the course of vagabonds with the victim), the Defendant did not have any intention to inflict any injury on the Defendant by asserting that the Defendant was merely the victim’s objection was omitted in the course of making his/her loss by cutting off.

The defendant asserts to the effect that his act constitutes self-defense.

However, in the event of the occurrence of dispute between the defendant and the victim, it is not easy for the victim to shoulder only the strict fingers which brought the defendant's hand to the defendant's hand without the defendant's resistance.

In addition, it is difficult to see in light of the empirical rule that the victim did not keep his hand so that the defendant may not lose his hand, even though the victim did knife his hand to inflict an injury on the defendant, and even if knife knife knife knife knife knife knife knif

In this respect, the defendant is not the defendant's assertion.

참조조문

-형법 제62조 제1항

-형법 제257조 제1항

유사 판례

-서울중앙지방법원 2017.10.13 2017고합701

-수원지방법원안산지원 2015.07.24 2014가단15002

-대구지방법원 서부지원 2015.01.29 2014고단1734

-창원지방법원 2014.02.07 2013노1845

-수원지방법원 성남지원 2014.01.17 2013고정1746