(영문) 서울남부지방법원 2017.11.22 2017고정1400

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.11.22 2017고정1400

상해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 1, 2017, around 21:45, the Defendant demanded the victim D (23 tax) who was walking in the front of Geumcheon-gu Seoul Metropolitan Government, while driving a taxi in front of Geumcheon-gu, to sound the horn by soundinging the horn. On the ground that the victim was driving a earphone and did not turn off from time, the Defendant became a vision and met the victim’s face by hand and drinking.

As a result, the Defendant inflicted injury on the victim, such as the number of days of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of D;

1. Application of the statute of response to the submission order;

1. Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The judgment of the defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act regarding the defendant and his defense counsel in the course of protesting against the defendant's obstruction of the defendant's course while under the influence of alcohol, the defendant and defense counsel alleged that the victim committed an assault as stated in the facts constituting a political party defense in order to ask the defendant's finger and to deduct it. However, the victim started to attack the defendant's chest's face.

At the time of the first statement made by the defendant himself on the day of the case, the injured person was at the time of the victim's bodily injury by pushing the defendant, making the victim's bodily injury, etc., and the injured person was at the time of the excess.

In full view of the fact that the defendant stated, it is difficult to recognize the defense of a political party on the premise that the defendant prices the face of the victim in order to deprive the victim of his/her fingers from the victim.

Therefore, this part of the argument is without merit.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

유사 판례

-서울중앙지방법원 2016.08.18 2016노1967

-서울서부지방법원 2014.04.04 2013노1139

-대구지방법원 2018.04.20 2018고단249

-서울북부지방법원 2018.01.18 2017고정1886

-수원지방법원 2016.07.13 2016노451