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Reasons
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(영문) 청주지방법원 충주지원 2019.01.09 2018고정93
특수폭행
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Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. At around 01:40 on December 10, 2017, Defendant A, at the Defendant’s home located in the building C, has a dispute with the Defendant’s wife E (influent, 46 years of age) raising doubt about the external problem of the victim E (influent, 46 years of age).

The head knife of the victim E with a knife (No. 1, 16cm in length, approximately 29cm in total length) which is dangerous for the reason that the knife is broken, and continued to carry the knife and knife the face and the chest part of the victim E with carrying the knife continuously.

The defendant continued to be contacted by the victim at the same time and at the same place, faced the face of the victim B (the age of 57) who was suffering from the contact with the victim, and took part in the face of the victim B by drinking.

Accordingly, the defendant committed violence to victims by carrying dangerous articles.

2. Defendant B committed the above violence from the victim A (the age of 44) at the time, time, and place set forth in paragraph (1), and the victim abused the victim, such as the victim’s chest was pushed down with her fingers, the victim’s hair was tightly cut down, the victim’s hair was tightly cut down on the floor, and the victim was frightd up with the victim’s hair, and the victim was frighted on the top of the left part for six weeks of treatment.

Summary of Evidence

【Court No. 1】

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the police as to B;

1. Statement to E by the police;

1. On-site photographs;

1. Reports on internal investigation (referring to the submission of a victim B opinion);

1. Existing number of seized blades (No. 1) (No. 2);

1. Part of Defendant B’s legal statement (the purport that he/she takes part of the victim’s body above)

1. Each of the legal statements of witness A and E;

1. On-site photographs;

1. In relation to the second fact in the judgment of the medical certificate of injury, Defendant B asserts that although there is a fact that Defendant B takes the body above the victim A, it does not constitute a crime of defense due to self-defense or fear or confusion in the night or other extraordinary circumstances.

To recognize a certain act as self-defense, the act is self-defense.

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