(영문) 인천지방법원 2019.01.11 2018고정1434

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크기(pt)

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자간(%)

(영문) 인천지방법원 2019.01.11 2018고정1434

상해

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

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

Reasons

Punishment of the crime

The defendant is the kind of victim B (the age of 23).

At around 15:00 on January 15, 2018, the Defendant drinking together with her mother E and her mother E in the ward of building C, Nam-gu, Incheon Metropolitan City, with the victim, and talked about the victim’s desire and the victim’s previous criminal records, without any reason.

Accordingly, the Defendant: (a) caused the fluencies of the victim of the fluencies by using the brush and brush, which were cited by the Defendant in his hand to be bend; (b) caused the brush to the Defendant; (c) caused the brush (one meter in total length of the brush material and one meter); and (d) caused two times the brush of the victim by using the brush part attached to the brush belt; and (d) caused the victim’s head by brushing the brush of the victim’s head into the brush part of the treatment days.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness B and the legal statement of the witness E;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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

1. Determination as to the assertion of self-defense under the main sentence of Article 186(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the defendant's act is justified as self-defense, since the victim threatened the defendant by threatening him/her to stand his/her belt against him/her.

2. Determination

A. To recognize a certain act as a self-defense, the act is to defend against the present infringement of one’s own or another’s legal interest, and thus, reasonable. Therefore, the self-defense against an unlawful legitimate infringement is not recognized, and whether the act of defense is socially reasonable or unreasonable.

참조조문

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