(영문) 부산지방법원 동부지원 2015.11.09 2014고정1119

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2015.11.09 2014고정1119

상해

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is operating laundry on the second floor of Busan Metropolitan City C Apartment Building, and the victim D (the age of 43) is responsible for the general affairs of the above commercial building. However, there are many cases where the defendant was unable to make the management expenses at ordinary level, causing conflicts with the victim.

At around 11:00 on April 17, 2014, the Defendant met the victim on the second floor above, and the Defendant urged the victim to pay management expenses, which led to the occurrence of a dispute with the victim.

The defendant exercised tangible power, such as the defect about to leave the place, the victim put the defendant's arms into his hand, etc.

On the contrary, the Defendant got on the victim's bridge with the victim's leg, and caused the victim to go beyond the victim's leg, thereby causing the victim to go beyond the victim's leg, thereby causing about two weeks of medical treatment.

Summary of Evidence

1. Partial statement made by the defendant in the first trial record;

1. A statement made by the witness D in this court;

1. Description of a written diagnosis of injury to D prepared by a doctor E;

1. The defendant and his defense counsel asserted that CCTV CDs (Evidence No. 6 pages) were used by the victim in order to escape from the situation where the defendant unfairly attached the victim's test, and the defendant and his defense counsel asserted that this constitutes legitimate self-defense or legitimate act.

However, according to the images of CCTV video CDs, the defendant can be recognized that the defendant has exercised a strong tangible power to the extent that the victim would cut down. The defendant's harmful act is deemed to have derived from the intent of mutual attack, and it does not constitute an act to defend unfair infringement, as an act or passive resistance, which does not violate social rules.

Application of Statutes

1. Relevant Article 257(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines.

참조조문

-형법 제257조 제1항

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