(영문) 인천지방법원 부천지원 2016.03.15 2015고정931

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2016.03.15 2015고정931

상해

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

Victim C is a person who resides in Category D B 301, and the defendant is a person who resides in Category D 201, and is frequently disputed with noise between floors at ordinary times.

On June 19, 2015, at around 18:30, the victim listened to the conversation of the defendant at E and E in front of the 201-dong 1 201-dong Da-gu, Sincheon-gu, Sincheon-gu, D, 1, 201, on the ground that the defendant stated that he was "Dara", the victim was satise and satise the satum that require two weeks of treatment, such as taking the head head of the defendant returning home to himself and taking over the face of drinking.

Accordingly, the Defendant, at the above date and place, committed assault to the victim, such as taking the head debt of the victim by bruging the head debt of the victim with brug, scambing, etc., and committed a brush dump, etc. requiring two weeks of treatment to the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (C);

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant asserts that the Defendant’s act constitutes a legitimate defense or legitimate act on the grounds that the Defendant first fell under the victim’s head in the process of breaking his/her head in order to get out of the Defendant’s body, and subsequently he/she was subject to unilateral assault from the injured party.

According to the victim's statement in the court of law, the victim's act is a passive resistance, and the defendant was also found to have suffered the same injury as the victim's statement in the process of fighting the victim's head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her responsibility. Thus, the defendant's act is a passive resistance.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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