(영문) 광주지방법원 2020.04.08 2019고정1040

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(영문) 광주지방법원 2020.04.08 2019고정1040

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 28) are as a sports instructor belonging to C, and are as a club fee.

At around 23:00 on May 13, 2019, the Defendant: (a) Domo E, a daily fel, and the victim, F, etc., who were faced with alcohol, would be able to drink to the victim who was faced with a schill, and was faced with the shoulder of the victim; (b) intending to take charge of the victim’s shoulder; (c) the victim refused to take charge of the victim’s shoulder; (d) knife the victim’s right hand hand hand hand hand part of the victim’s right; and (e) assault the victim by taking the victim’s head knife.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements of witnesses B and F in the second protocol of the trial;

1. The prosecutor's statement concerning the F;

1. Statement of each part of the police interrogation protocol against the accused in the first and second instances of the police interrogation protocol (including part of the second protocol as to B);

1. Detailed statement of F;

1. Any description of the B’s written statement and written petition;

1. Application of the Acts and subordinate statutes of B, A Assault photographs and Assault photographs;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (in cases of conversion of KRW 100,000 per day);

1. As to the defense counsel's assertion under Article 59 (1) of the Criminal Code (the first crime without the power to commit a crime; the first crime occurred in the first place; the commission of the crime in this case occurred; the degree of injury the defendant suffered by the victim compared to the tangible force the defendant exercised against the victim; the defendant's age, character and conduct, environment, etc.) of the suspended sentence, defense counsel's defense counsel was involved in the same act as stated in the judgment in the case where the defendant and the victim were in danger, and there was no intention of assault, even if not,

Even if self-defense or legitimate act is justified, it is argued that illegality is excluded.

Top, this Court has duly adopted it.

참조조문

유사 판례

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-서울북부지방법원 2019.12.17 2019고단4733

-수원지방법원 안양지원 2019.03.27 2018고단616

-대전지방법원 2013.04.12 2012고정2458