logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2014.07.24 2013고정1328
상해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 17, 2013, around 09:10 on September 17, 2013, the Defendant went through a narrow channel in the bridges adjacent to the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu C commercial building, and caused the victim D (30 years of age and south) to go against the shoulder, and caused the victim's bodily injury in need of medical treatment for about 14 days, such as his/her mouth, spawd and pushed down with his/her left hand, and damaged the victim with a height of about 50cm.

Summary of Evidence

1. Each legal statement of the defendant and D;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act and the judgment on this issue are asserted that the defendant's assertion of the provisional payment order, and the defendant's judgment on this issue, where the victim walked on the left side of the defendant's left side by assaulting the defendant's act of assault, and this is a self-defense for the defense of himself, and the illegality does not constitute a crime.

However, in a case where it is reasonable to view that the perpetrator’s act was at the first place with the intent of an attack rather than to defend the victim’s unjust attack, and that the perpetrator was at the same time committed an attack, the act is at the same time an attack, and thus, it cannot be deemed as a self-defense or excessive defense, since it has the nature of an attack.

(2) In light of the aforementioned legal principles, the Defendant’s act of inflicting bodily injury on the victim rather than to defend the victim’s unfair attack. In light of the motive and circumstance of the instant fighting, the background and circumstance of the instant fighting, the hostile relationship between the Defendant and the victim, and the circumstances leading up to the Defendant’s destruction of booms, etc., the Defendant’s act of inflicting bodily injury on the victim is rather than to defend the victim’s unjust attack.

arrow