(영문) 서울서부지방법원 2015.06.25 2014고정2310

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Reasons

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줄 간격

자간(%)

(영문) 서울서부지방법원 2015.06.25 2014고정2310

상해

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 14, 2014, around 12:30 on May 14, 2014, the Defendant: (a) at the entrance of the E University General Science Museum D, the victim F (the age of 52) who is a workplace partner, and the company union problems, and (b) the victim was at the end of the E University General Science Museum D, and the victim was at the end of the company union,

At the time, the Defendant reported the work of the steel depth to the victim, and the Defendant was facing the victim, so he neglected his duty to pay due attention to the victim's body while fighting with the victim in spite of the fact that he neglected to do so, and thereby, he was faced with the Defendant's appearance and the part of the victim's appearance, thereby getting the victim's abundance, etc. of the neck part where the number of days of treatment can not be known.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness F in the court;

1. A medical certificate of injury (investigative records No. 41);

1. Application of the Acts and subordinate statutes on photographs;

1. Relevant Article 266 (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. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. In the judgment of the purport of the assertion, injury cannot be deemed to have occurred due to the act of the defendant, and even if the defendant's appearance faces with the victim's appearance.

Even if the victim was pushed the defendant out of the building and the defendant was out of the process of losing balance, the illegality is excluded because it constitutes legitimate self-defense or emergency evacuation.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court: ① The victim stated in this court that the victim suffered injury in the Defendant’s appearance during the process of reporting the work of the steel boom at the time, the body of the Defendant and the body of the body of the Defendant, and b) the victim suffered injury.

참조조문

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