(영문) 대전지방법원 2013.10.10 2013고정1258

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(영문) 대전지방법원 2013.10.10 2013고정1258

상해

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From around 01:00 on April 29, 2013 to around 01:0, the Defendant, at the home of the victim D (23 years of age) who is the line of the University Department No. 406 of Daejeon Sung-gu C building 406, drinked with the victim and drinked to the front corridor of the above house, avoided tobacco, and divided into the victim and talks with the victim. On the other hand, the Defendant, who thought that the Defendant had talked against the victim E, had the victim talked against the victim, and caused the victim’s injury, such as damage to the satch that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Legal statement of witness D;

1. Partial statement of witness E;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning D replacement);

1. A report on investigation (the eight pages of investigation records);

1. Each injury diagnosis letter (D);

1. Application of related Acts and subordinate statutes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act asserts that the defendant did not have inflicted an injury by assaulting the victim as stated in the facts constituting self-defense in response to the victim's assault even if he/she exercised the tangible power against the victim.

In full view of the above evidence, it is reasonable to view that the defendant's act was due to an attack against the victim as stated in the facts constituting a crime, and in light of the circumstances and contents of the crime, it is reasonable to view that the defendant's act was due to the mixed intent of attack and defense, even if not, it constitutes self-defense. Thus, the above assertion by the defendant and his defense counsel cannot be accepted.

At the beginning of sentencing, the victim seems to have induced the dispute of this case.

참조조문

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