(영문) 서울중앙지방법원 2017.11.28 2017고정1930

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.11.28 2017고정1930

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives Csi, and the victim D (74) is a person who drives E taxi.

On May 8, 2017, at the gas station located in Gangnam-gu Seoul Metropolitan Government on May 20:10, the victim changed his own lane from the fourth lane to the third lane without turning on the direction, etc., and the defendant, who was operating on the third lane, was driving the victim's taxi, changed the lane to the second lane, making the driver's taxi, making the driver's taxi, changing the lane into the second lane to the second lane, making the driver's taxi, making the driver's driver's taxi, and making the driver's marking.

Around 20:13 on the same day, the Defendant made an appraisal of the catfinite in front of Gangnam-gu Seoul, Gangnam-gu, by weathering the catfinite, and caused the victim’s fat with left hand, and pushed the body, thereby pushing the victim about two weeks of treatment, and led the Defendant to the right-hand satum.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of a protocol concerning the examination of suspect with regard to D;

1. Each report on investigation;

1. The Defendant’s act does not constitute a passive defense to defend the victim’s unfair attack, and thus does not constitute a legitimate defense, in full view of the following: (a) the background leading up to the instant crime, such as the Defendant’s setting-off of taxi and driving-off of taxi; (b) the degree and method of force used by the Defendant by the Defendant, such as the Defendant, by setting-off of dubage against the victim; and (c) the degree of injury inflicted on the Defendant and the victim; and (d) the Defendant’s act does not constitute a legitimate defense.

Application of Statutes

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Selection of Punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

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