(영문) 서울남부지방법원 2020.10.23 2020고정1039

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.10.23 2020고정1039

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

To the extent that it does not disadvantage the defendant's defense right, part of the facts charged was revised according to facts obtained through the examination of evidence without the amendment process.

On November 23, 2019, at around 04:00, the Defendant used violence, such as assaulting the victim’s face at one time as a drinking house, when the victim of the B building C (the age of 31) was in a female-friendly appearance D with the above D at the residence of the said D. The Defendant used the victim’s face at one time as a drinking house.

Summary of Evidence

1. Legal statement of witness D;

1. Part of the witness C’s legal statement;

1. 112 reported case handling table;

1. The defendant asserts that he was unilaterally assaulted by the victim, that he was not guilty of drinking or having not committed any crime, and even if the defendant had pushed the victim, this constitutes self-defense.

In the investigative agency and this court, the victim stated to the effect that “I continued to meet the face level of 7 to 8 consecutive times with drinking face and head face level in the state of being over the floor,” the victim stated to the effect that “I continued to meet the face level of 7 to 8.”

It is difficult to believe the above statement of the victim in light of the following: D's legal statement as witness, circumstance of the occurrence of the case, the defendant's attitude after the case, and the victim's face face immediately after the case cannot be found.

D, however, this Court stated that the defendant considered the face of the victim in this Court, and there is no reason or motive to make a false statement in the present situation hedging with the victim, and therefore, at least once a part of the face of the victim in the process of fighting with the victim, the defendant can be recognized as a closed fact.

Furthermore, as to whether the defendant's act constitutes self-defense, the health unit, the defendant and the victim.

유사 판례

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-전주지방법원 2020.06.10 2019고정440

-창원지방법원 2013.09.12 2012노2318

-대구지방법원 2020.12.22 2020고정1688