(영문) 서울중앙지방법원 2017.09.13 2017고정1936

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(영문) 서울중앙지방법원 2017.09.13 2017고정1936

상해

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the managing house of the "D church" in Gwanak-gu in Seoul Special Metropolitan City, and the victim E (the age of 55) is the members of the above church.

On April 8, 2017, at around 17:40, the Defendant: (a) stated that a person who was in front of the wedding conference room located underground of the above church would be aware that he raised and disputed with the pastors of the above church; (b) placed the victim’s motor arms with his hands; (c) led the victim out of the ground parking lot; and (d) led the victim out of the ground parking lot; and (d) inflicted injury on the victim, such as the cage of the cage of the cage of the victim, for about three weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspects of E;

1. A medical certificate;

1. Application of the Acts and subordinate statutes concerning churches, CCTV images to captures;

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 on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order. The defendant asserts that the defendant's act of allowing the victim to take out of the church is a legitimate defense or a legitimate act, considering that the defendant's act of allowing the victim to take out of the church by taking the victim's arms to leave the church in order to get the victim who had been in charge of the church management office to move out of the church, and that the defendant's act of leading the victim's arms and moving together with the victim's arms to move out of the church does not have an intention to inflict an injury on the victim.

First, even if the defendant did not actively intend the result of the injury, the defendant could have known or predicted that he could suffer the injury by his own act as the defendant, leading the victim's arms and leading the defendant.

Since it is reasonable to view that there was no intention of injury, the argument that there was no intention of injury cannot be accepted.

B. A person injured by a child.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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