(영문) 대구지방법원 의성지원 2016.06.30 2016고정21

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 의성지원 2016.06.30 2016고정21

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 8, 2015, at around 21:00, the Defendant settled 1:3 p.m. in the 3-lane in the Gyeongbuk-gun, the Gyeongcheon-gun, the Gyeongcheon-si, the Gyeongcheon-si, the Defendant: (a) placed a dump truck three-day room in the area of the public highway construction; (b) placed the victim C (56 years of age) at a lodging room in the area of the dump truck; (c) brought about a bump truck, which was in dispute with the victim; and (d) fump booms the victim’s chest with the hand floor, which requires approximately two weeks medical treatment for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and E;

1. The defendant and his defense counsel asserted that the defendant only received a unilateral attack from the injured party at the time, and that there was no fact that the injured party's chest was inflicted on the injured party by hand or drinking;

Unless there are special circumstances, such as: (a) the act of attack and defense has been committed through a series of acts of attack and defense; and (b) the act of attack and defense has the nature of both areas, which are the act of attack; and (c) even if the act of attack was seen as being conducted, it is a legitimate act to defend one party by unilaterally committing an unlawful attack and the other party exercised force as a means of resistance to protect and escape from such attack, barring special circumstances, such as: (a) the other party unilaterally committed an attack; and (b) the other party exercised force

In light of the following circumstances acknowledged by comprehensively taking account of the overall purport of the arguments and arguments, the Defendant and the aggrieved person are deemed to have fighting with their intent to attack the other party, and they exercised the force as a means of resistance to defend the other party’s unfair attack by separating only the Defendant’s act and exercising the force as a means of resistance to defend the other party’s unjust attack.

It can not be seen that the defendant inflicted an injury on the victim as stated in the facts of crime.

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