(영문) 서울중앙지방법원 2015.03.25 2014고정4761

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(영문) 서울중앙지방법원 2015.03.25 2014고정4761

상해

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 26, 2014, at around 20:10, the Defendant, within the Seoul Gangnam-gu Seoul Metropolitan Government office for the resolution of a dispute to refund the victim F and the deposit for membership in the Seoul Gangnam-gu Office for the settlement of disputes, had the victim's F and the deposit for membership, and had the victim's face by making the flabbbbing with the victim's hand, and had the victim's face, and had approximately two weeks of treatment.

Summary of Evidence

1. Legal statement of witness F;

1. Police suspect interrogation protocol regarding F;

1. A written statement;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

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

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant's act against the victim F does not constitute a victim's face by drinking, and that the defendant's act against the victim F constitutes legitimate self-defense as an act of flabing and flabing flab, etc. to escape from the victim's secret assault.

According to the evidence, the defendant can be found to have inflicted an injury on the victim F as stated in the facts charged.

In addition, when comprehensively considering the situation of the defendant and the victim F at the time of the act of this case, the means and method of the defendant's assaulted by the victim F, the defendant's act of inflicting bodily injury on the victim F cannot be viewed as passive defensive act or self-defense because it is difficult to view it as an act with considerable reason.

Therefore, the above argument is not accepted.

참조조문

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