(영문) 청주지방법원 충주지원 2014.09.03 2013고정331

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(영문) 청주지방법원 충주지원 2014.09.03 2013고정331

상해

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 4, 2013, around 04:40 on September 4, 2013, the Defendant: (a) brought an injury on the victim E (the victim E (the age of 50) who was a company partner on the ground that the Defendant made a half-yearly; (b) caused the Defendant to go back to the left eye of the victim on one occasion due to blusing blue with the blus of the victim, and caused the Defendant to go up to the left eye of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and F;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the part of the upper part of E;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant unilaterally felbling the Defendant’s title, felbling the Defendant’s happiness, etc., and unilaterally felbling the Defendant’s arms, and did not assault the victim with his arms. The Defendant’s act is self-defense.

2. The acts of attack and defense have been conducted throughout the course of ordinary acts of attack and defense, and the two areas of attack, which are both acts of attack and defense. Thus, even if they appear to be fighting one another, in fact, one party unilaterally commits an illegal attack, and the other party exercised tangible power as a means of resistance to protect himself/herself from such attack, barring special circumstances, such as where one party unilaterally commits an attack and the other party exercised such power as a means of resistance to escape from such attack, it cannot be said that only one party’s acts constitute legitimate acts of attack or self-defense.

(see, e.g., Supreme Court Decision 201Do13927, Dec. 8, 2011). However, according to the evidence duly adopted and examined by this court, the Defendant continued to speak against the victim.

참조조문

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