logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.07.05 2018고정772
폭행치상
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 10, 2017, around 10:50, the Defendant: (a) obstructed the sexuality of the same church, which differs from the opinion of the first floor of the supervision conference conference about the 33-o-gil 179, Mansan, Masan-ro, 179, from entering the education hall; (b) committed two assaults that interfered with the victim’s breast part so that the victim’s sexuality of the same church may not enter the education hall.

As a result, the victim was faced with head in the floor, and the victim suffered from injuries such as throstosis, salvum sale, and salvum sale in need of treatment for about two weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The defendant and his defense counsel asserts to the effect that each injury diagnosis form, Fne, medical treatment records, CCTV video files (the defendant and his defense counsel's act constitutes a legitimate defense or legitimate act, and even if it does not constitute such act, illegality is excluded as it constitutes an erroneous defense.

However, considering the background of the instant crime, the degree and method of the Defendant’s use of assault against the victim, etc., the Defendant’s holding act is deemed to have the nature of attack beyond the minimum degree of defense that can be recognized as a legitimate act, and thus, it cannot be deemed as a legitimate defense or a justifiable act.

B. A. A. at the time the Defendant had objectively and wrongfully infringed a victim;

there is a justifiable reason to create a mistake.

As such, it cannot be seen that it constitutes an erroneous defense.

Therefore, the above argument shall not be accepted in its entirety.

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act and the selection of fines concerning facts constituting an offense;

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;

arrow