(영문) 의정부지방법원 2015.09.24 2015고정98

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2015.09.24 2015고정98

상해

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1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 18, 2014, at around 11:10, the Defendant: (a) was in the restaurant of “D” located in the Gangwon Iron-gun, Gangwon-gun; (b) had a part of the victim’s entrance alcohol once by hand, and had a part of the victim’s entrance alcohol requiring approximately 14 days of treatment.

Summary of Evidence

1. Each legal statement of witness E and F;

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

1. Relevant Article 257 (1) of the Criminal Act concerning facts constituting an offense. Article 257 (1) of the Criminal Act;

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

1. As to the assertion of Article 334(1) of the Criminal Procedure Act, the Defendant and his defense counsel asserted that the instant facts charged constitute self-defense inasmuch as the Defendant committed an act at a passive defense level as the Defendant was assaulted by the victim, and thus, cannot be deemed unlawful. Where it is reasonable to deem that the perpetrator’s act was committed with the intent of attacking one another rather than with the aim of defending the victim’s unfair attack, and that the act was committed against one another, and thus, became an attack, the act has the nature of the act of attack at the same time as the act of attack, and thus, cannot be

(2) According to the reasoning of the lower court’s judgment, the lower court determined that the Defendant’s act was self-defense, and thus, did not constitute self-defense in light of the following: (a) while the Defendant was physically young and physically frighter than the Defendant; (b) in light of the process of the dispute and the type of force and degree of injury inflicted on the Defendant, etc., the Defendant appears to have inflicted an injury on the victim as indicated in the facts charged; and (c) the Defendant did not appear to have committed an act indicated in the facts charged as a resistance to protect himself from the unilateral attack of the victim.

The defendant and defense counsel are not accepted.

참조조문

참조판례

-대법원 2000. 3. 28. 선고 2000도228 판결

유사 판례

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-서울중앙지방법원 2015.10.30 2014노4669