logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.16 2017고단2406
폭력행위등처벌에관한법률위반(공동상해)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant: (a) around D convenience stores located in Dongjak-gu Seoul Metropolitan Government on February 22:40, the Defendant: (b) received a phone call from E, a member of the same mountain conference, for the beer, and arrived at the site, and (c) took a bath for the above reasons, etc., and (d) reached the victim F ( South, age 42). In addition, the Defendant took a froat of the victim; (b) taken a flabbbbage of the victim; (c) taken a part of the victim; (d) taken a part of the victim; and (e) took a part of the victim, and (e) took part in the flabing mination in the flab, around the right side of the victim, requiring approximately eight weeks medical treatment.

Accordingly, the defendant, together with the above E, injured the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Some statements made in the police interrogation protocol for F and E;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports (F evidence submission, etc.);

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc., of Specific Crimes and the Selection of Punishment of Violences, etc. (Selection of Imprisonment with prison labor) and Article 257 (1) of the Criminal Act;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62(1) of the Criminal Act

1. The defendant's act of assertion is a legitimate defense because it aims to escape from the unilateral assault of the victim;

2. According to the evidence duly adopted and examined by this court, the victim first committed the assault and the defendant also committed the assault against the victim. However, in light of the degree and method of the assault by the defendant, and the degree of the victim's injury, the above act by the defendant is not to defend the victim's unfair attack, but to defend the victim's wrongful attack, and it is against it.

arrow