(영문) 수원지방법원 2015.08.25 2015고합175

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(영문) 수원지방법원 2015.08.25 2015고합175

상해치사

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On February 16, 2015, at around 20:35, the Defendant drinked with the Victim F (the age of 49) who works together at the feed plant in the front of the “E Library” parking lot located in Sinsung City D, and went on the way to the road, and brought about a dispute with the Victim, making the Victim’s chest part of the Victim’s breast with the finger hand, and caused the Victim on the sidewalk block to face the head on the floor of the parking lot. Accordingly, on March 26, 2015, the Defendant got the Victim at the H hospital located in Sinjin-si, G to have the Victim take the head on the floor by thoroughly pushing the victim’s chest part with the two hand, getting the victim’s head on the floor. Accordingly, around 07:10 on March 26, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Police investigation report (report, such as field photographs), prosecution investigation report (report, etc. accompanied by a death diagnosis report);

1. A report on a report on the investigation of deadly ill persons;

1. A written autopsy and appraisal;

1. Written opinions of opinions;

1. Application of the photographic Acts and subordinate statutes;

1. Determination as to the assertion of the accused and the defense counsel under Article 259(1) of the Criminal Code of the relevant criminal facts

1. Summary of the assertion

A. Since the Defendant was only sealed by the victim by hand, the Defendant was extremely exceptional to the death of the victim on the roadside while the victim exceeded and died. As such, the Defendant could not have predicted the death of the victim.

B. The Defendant’s act of keeping the victim’s body by hand in order to avoid the victim’s provoking, constitutes a legitimate act that constitutes self-defense to protect himself/herself from the present unfair attack or that is reasonable and acceptable by social norms.

Even if it is not so, since it constitutes excessive defense, it is not possible to punish the defendant under Article 21 (3) of the Criminal Code, or the responsibility should be reduced or exempted under Article 21 (2) of the Criminal Code.

2. Determination

A. First, the criteria for determining the first argument are as follows.

참조조문

-형법 제21조 제3항

-형법 제259조 제1항

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