(영문) 인천지방법원 2015.12.18 2015고정3589

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.12.18 2015고정3589

폭행

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 28, 2015, the Defendant committed assault on July 22, 2015, around 22:40, in the Bupyeong-gu Incheon Bupyeong-gu public parking lot located in 1377 (Ulsandong), such as drinking, drinking, and drinking several times.

Summary of Evidence

1. Protocol concerning the examination of suspect B;

1. Application of the CDA-TV statute;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 500,000 won to be suspended;

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

1. Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (the first offender, the Defendant was the first offender, and the instant fighting began due to the victim’s attack, and the Defendant suffered serious injury that requires five weeks’ treatment). The Defendant asserted that the illegality of the instant fighting constitutes legitimate self-defense and constitutes legitimate self-defense.

Unless there exist special circumstances, such as: (a) the act of attack and defense was conducted in a series of times between the persons who fight and the act of attack; and (b) the act of attack and defense was conducted simultaneously; and (c) the act of attack and defense was in the nature of both areas, which are the act of attack, the act of attack; and (d) the other party unilaterally committed an unlawful attack and exercised force as a means of resistance to protect himself/herself from such attack; and (e) the other party exercised force as a means of resistance to escape therefrom, barring special circumstances, the act of either party only constitutes legitimate act for

In light of the above CCTV images, when the defendant puts a cigarette, the victim prices the head part of the victim's own Da and the defendant's head, and even after the fighting of this case begins, the victim gets away from the defendant, and the victim prices it several times by drinking and launching.

참조조문

유사 판례

-서울동부지방법원 2014.01.10 2013노988

-서울남부지방법원 2013.12.26 2013노1474

-부산지방법원 2016.12.26 2016노3323

-대구지방법원 2019.07.09 2019노313

-서울중앙지방법원 2015.01.23 2014노3978