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(영문) 창원지방법원 통영지원 2015.04.15 2015고단157
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

Around 13:15 on February 27, 2015, the Defendant saw the victim C (the age of 41) and D, preparing for a long-term village near the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the gym of the g

As a result, the Defendant caused serious injury to the victim, such as dystrophyal state, chromatic brain, vertebropolym blood species, brain leakage, etc. which require at least 32 weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. A written agreement;

1. Application of each statute on photographs;

1. Determination as to the self-defense of the defendant and his/her defense counsel and the assertion of excessive defense against the crime under Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. In order to establish a self-defense or excessive defense, the act of defense must be socially reasonable, taking into account all specific circumstances, such as the type, degree, and method of infringement of the legal interest infringed by the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense. The act of defense as a requisite for establishing self-defense includes the form of anti-defense that includes not only pure passive defense but also active anti-defense, but also the act of defense must have considerable reasons for defending one’s own or another person’s legal interest.

(See Supreme Court Decision 92Do2540 delivered on December 22, 1992, and Supreme Court Decision 2000Do228 delivered on March 28, 200, etc.). 2. In this case, the degree and degree of assault between the victim and the defendant, the background, means and method of assault, and the part of the victim’s injury.

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