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(영문) 대구지방법원 포항지원 2014.09.03 2014고정89
상해등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 22:00 on June 16, 2013, the Defendant assaulted the victim E by balpting the fat around the core point of the “D” located in Nam-gu C, Nam-gu, on the ground that the victim E assaults F.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes to on-site reports;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1)2 of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that both descendants of E, which assault F at the time, did not fat down and fat down the fat, and even if the fat was fatd, it constitutes self-defense by an act to defend unjust infringement on F's body even if the fatd was fatd, it constitutes self-defense.

2. Determination

A. The following circumstances are acknowledged based on the evidence submitted in this court and duly admitted. ① The victim consistently made a statement to the police who was called to the scene from the time of the victim’s statement to the time of this court that the victim saw the victim’s breath’s breath, and consistently made the victim’s breath to the time of this court. ② G also made the victim’s breath at the time, and the F made a statement that the victim was breath’s breath, and ③ the police officers dispatched to the scene were found the defendant within the scope of the victim’s statement that the defendant was breathing and breathing his breath and breathing the Defendant’s breath. However, if the Defendant was fighting, it does not seem that the victim tried to find the Defendant who was unfolded at the scene while the victim was breath from the Defendant, and ④ in this court, F did not look at the Defendant’s breath and the police report during the war.

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