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서울동부지방법원 2018.07.12 2018고단139
상해
Text

A defendant shall be punished by imprisonment for not more than ten 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 November 2, 2017, at around 12:30 on November 2, 2017, the Defendant: (a) brought the victim D (at the age of 26) who is a string in his own dwelling in Songpa-gu Seoul and 202, and entered his residence without his own permission; (b) brought the victim’s body out of the string door by pushing the body of the victim, taking the head into the string door; and (c) collected the victim’s contact with the victim, and (d) brought the victim into the string, etc., for seven weeks of the victim’s severe finger, such as cutting down the body of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness D and E;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The gist of the argument is that the defendant did not leave the victim's head and did not leave the victim's head, or did not leave the victim's contact with him/her, and that the victim was injured by the act of the defendant of his/her death.

Even if the defendant's act was committed in the course of suppressing the victim who illegally invadedd his/her residence, it is merely a passive resistance method to prevent the victim's intrusion, which constitutes an act which is reasonable in light of social norms, or an act which has considerable reason to defend the peace of his/her residence against the present unreasonable infringement.

2. Determination 1) The following circumstances acknowledged by each of the above evidence are: (a) the victim stated in the court that “the defendant was forced to take the above lower part of the knife, leaving the knife,” and “the defendant was forced to take off the knife by leaving the knife,” and (b) the investigative agency stated that “the defendant was forced to take off the knife by getting out of the knife,” and (c) the witness stated that “the defendant was forced to take off the knife by getting out of the knife” in E court.