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Reasons
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(영문) 수원지방법원 안산지원 2013.08.13 2013고정410
상해
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Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 27, 2013, around 11:23, 2013, the Defendant: (a) on the third floor of the Ecrypted Eccal conference located D, on the ground that the house physician took a ccoin to prevent him from taking a ccoin, and the victim F was unable to do so in the middle, and the victim F was satched. (b) caused the victim’s face by bating three times of bating the bat of the victim’s head, satching the victim’s face, satching the victim’s face three times of 14 days for the victim to receive 14 days’ treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Video CDs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Although it is lawful for emergency countermeasures committee members, including the defendant's summary of the argument, to visit the above church education hall, since the victim et al. interfered with the above worship and took video pictures illegally, the defendant's physical contact with the victim during the process of preventing the above illegal act as the chairperson of the Emergency Countermeasures Commission. Thus, the defendant's act constitutes self-defense or legitimate act, and thus, it is not illegal.

2. As stated in the facts of the crime in the judgment of the defendant, the defendant's act of harming the victim's face at least three times with his head, such as breath, cannot be viewed as an act of considerable reasonableness for defending the defendant's or other person's legal interests or an act of not violating social rules, and thus, the above assertion by the defense counsel cannot be accepted.

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