(영문) 서울동부지방법원 2019.02.14 2018고단1862

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2019.02.14 2018고단1862

폭행치상

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 21, 2017, at least 04:00, the Defendant was assaulted by the victim on the street before the Cju point in Seongdong-gu Seoul, and the victim E (the age of 24) under the dispute between the Defendant’s pro-Japanese D and the Defendant’s E (the age of 24) on October 21, 2017, on the ground that the victim appeared to walk with the Defendant’s pro-Japanese D and her walked by the Defendant’s pro-Japanese D and the victim’s walked, and the victim tolded the Defendant’s left arms to the Defendant, thereby getting the victim’s her arm’s length at the back of the victim’s arm’s length, and faced the victim’s her face, and caused the victim to suffer injury, such as cutting off the left side of the victim requiring medical treatment for at least six weeks of the face.

Summary of Evidence

1. Partial statement of the defendant;

1. E prosecutorial statement;

1. A CCTV file CD or a photograph to take a image;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 262, 260 (1), and 257 (1) of the Criminal Act which choose a penalty;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the act of the defendant constitutes self-defense to oppose the victim's assault, and even if it is not so, it constitutes excessive defense or a legitimate act to arrest the victim clearly in an act that does not violate social rules and regulations.

2. According to the evidence duly adopted and examined by this court, the defendant, after walking the defendant's friendship with the defendant's friendly Do and walking the defendant's friendly Do, reduced the victim's neck from the defendant's arm's length behind the victim's right to the left part, and obstructed the victim's neck for about 20 seconds. After the defendant saw the victim's neck, the victim saw the victim's neck on the bridge without any movement, and kids down the head on the floor of the point where the victim kids down the bridge without any movement.

참조조문

유사 판례

-수원지방법원 2019.09.06 2019고합271

-창원지방법원 통영지원 2014.05.01 2013고합110

-창원지방법원 2015.10.21 2015고단1661

-춘천지방법원 2018.01.31 2017고단1133

-전주지방법원 정읍지원 2012.12.28 2012고합63