(영문) 창원지방법원 2014.05.02 2013고정1414

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(영문) 창원지방법원 2014.05.02 2013고정1414

상해

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

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

Reasons

Punishment of the crime

On May 17, 2013, the Defendant: (a) around 17:30 on the 17:30th day of Kimhae-si, and (b) on the ground that the victim D was intending to enter the house of E, a son located within the land at which the Defendant was awarded a successful bid number, the Defendant inflicted bodily injury on both arms, such as the victim’s chest bed and pushed down, and dump dump dump and tension, which requires approximately three weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the prosecutor's office and police suspect interrogation protocol of the accused (including the D substitute part);

1. Examination protocol and statement of the police officer regarding D;

1. A written diagnosis of injury;

1. Application of each statute on photographs;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

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

3. The defendant and his defense counsel held as to the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order. The defendant did not assault the victim as stated in the facts charged in this case, and even if some violence is recognized, it was inevitably issued in the course of passive defense to prevent the victim from entering into a residence or committing violence. Thus, the defendant's act constitutes self-defense or legitimate act, and thus, the illegality of such act is excluded.

However, according to the evidence in the holding, it is hard to view that the defendant's act constitutes self-defense or legitimate act under the Criminal Act in light of all circumstances, such as the circumstances leading up to the occurrence of the case, the process, purpose, means, degree of assault, etc.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

참조조문

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