(영문) 서울북부지방법원 2013.08.13 2013고정167

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자간(%)

(영문) 서울북부지방법원 2013.08.13 2013고정167

상해

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 3, 2012, around 02:10 on November 3, 2012, the Defendant: (a) inflicted an injury on the Defendant on the “D” restaurant located in Gangnam-gu Seoul Metropolitan Government, for the reason that the Defendant was working and drinking at the D, thereby making it difficult for the Victim E (35 years of age) to look at the Defendant “Isskn only drinking, Iskbly drinking, Isnbly do,” thereby making it difficult for the Defendant to look at the Victim’s body, pluck up the Victim’s arms, and plick up the Victim’s arms, and plick up the Victim to receive treatment for about 14 days.

Summary of Evidence

1. Legal statement of witness E;

1. Second written examination of suspect E by the prosecution;

1. The police officer's suspect interrogation protocol as of November 3, 2012 regarding E;

1. Attachment of an investigation report (general) and a written diagnosis for bodily injury of a victim E;

1. Application of Acts and subordinate statutes to photograph victims Egrams and CCTV caps;

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

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are passive resistance and defense to protect himself from the victim's attack, and the defendant is aware of the victim's act of self-defense or legitimate act. However, according to the evidence of the judgment, the defendant asserted that it constitutes self-defense or legitimate act. However, according to the evidence of the judgment, it is recognized that the defendant committed a harmful act like the record of facts charged against the victim during the party, which was enclosed with the victim's intent to attack with the victim, and in light of the motive, circumstance, form, etc. of the fighting, it cannot be deemed that it constitutes a justifiable act that does not violate the legal principles of self-defense or social rules

참조조문

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