(영문) 수원지방법원 2019.06.12 2018고단4835

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(영문) 수원지방법원 2019.06.12 2018고단4835

특수상해

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 23:30 on September 24, 2017, the Defendant, at the house of the Defendant in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, on the ground that the Defendant had lent money to another person before he reached the age of 58, the Defendant’s husband, was her husband, and the Defendant was her hand, with the victim’s bucks and arms, and the Defendant was her head (40cm in length) with the victim’s head, which is a dangerous thing in the kitchen.

Summary of Evidence

1. Statement made to D by the police;

1. Written statements of D;

1. Investigation report (report on telephone communications by police officers in 112 dispatched);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant Article 261 of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act, the choice of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that the defendant does not have the responsibility to care for the head of the victim;

Rather, in the course of the victim's display of the national flag against the defendant, and the defendant's deprivation of the national flag in order to prevent this, the last part of the national flag in contact with the head of the victim. As such, the defendant's act not only did not have any intention of special injury but also the defendant's act is a legitimate defensive act, and thus, it is justified.

2. The victim reported to the police on the ground that the victim was assaulted by the defendant and was faced with the crime.

Accordingly, the police argued that the defendant used the head at the time of the price of the head, and that the victim tried to use the head at the time of the defendant's and the victim's residence, and then voluntarily submitted it, and immediately after the preparation of the written statement, the victim stated that "I sent the head at a knife and reported the head at the same time."

In addition, the victim has been investigated by the police more than four days after he was investigated by the police again, and the defendant is the state.

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유사 판례

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