(영문) 부산지방법원 2017.07.05 2017고정381

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.07.05 2017고정381

상해

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

around 10:50 on August 19, 2016, the Defendant: (a) sold the shoulder of the victim C on one occasion by selling the part of the victim C on the ground that the obligation of the victim C (the age of 74) was in contact with his/her own arms, and caused injury, such as influorction and skin blood transfusion, which requires two weeks of treatment, by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. A medical certificate of injury (the investigation record No. 8 pages);

1. Application of Acts and subordinate statutes governing recording records;

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserts that the defendant and his defense counsel asserted that the defendant's face was faced with the victim's shoulder in the process of blocking the defendant's face with the defendant's debt, but there was no intention of injury, and this constitutes a justifiable act.

In light of the evidence duly adopted and examined by this court, the defendant's above assault cannot be viewed as a legitimate act that does not violate social rules, in light of the following: (a) the defendant's shoulder at one time as stated in the facts charged in the judgment of the court; (b) the circumstances leading to the injury of the victim; (c) the course leading up to the injury of the victim; (d) the degree of the type and force of the defendant's use of the victim; (d) the method and part of the assault; and (e) the degree of injury before and after the crime.

Therefore, the defendant and his defense counsel cannot be accepted.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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