(영문) 전주지방법원 2019.06.17 2019고합52

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(영문) 전주지방법원 2019.06.17 2019고합52

폭행치상

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 27, 2018, at around 16:50 on May 27, 2018, the Defendant suffered injury to the victim, by making the victim’s chest part of his/her breast part of his/her breast part of his/her breast part of his/her body from the outside of his/her body, in which the Defendant took a dispute over D and the victim E (71) in the “C clan office” located in the Jeonju-gun, Jeonbuk-gun, North Korea.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement of witness D;

1. Investigation reports (on-site verification of the occurrence of the case, submission of materials to the complainant, etc.) and accompanying materials;

1. Application of a written injury diagnosis and on-site CCTV-related statutes;

1. Relevant provisions of the Criminal Act and Articles 262, 260 (1) and 257 (1) of the Criminal Act concerning the selection of criminal facts;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant did not assault the victim due to the absence of the victim, etc., and the victim did not go beyond the floor outside of the instant clan office due to the Defendant’s act.

B. Even if the Defendant was to have the victim go beyond the floor by pushing the victim, the Defendant’s act did not have the victim’s injury.

C. Even though the victim suffered bodily injury due to the defendant's act, there was no predictability for the defendant at the time to have suffered bodily injury due to his own act. Thus, the defendant's act does not constitute the elements of the crime of bodily injury resulting from violence.

Even if the defendant's act constitutes the elements of a crime, since the defendant's act was committed to speak fighting between D and the victim, the defendant's act is dismissed as self-defense or legitimate act.

2. Determination as to whether the defendant committed assault against the victim and let him go beyond the floor.

참조조문

유사 판례

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-창원지방법원 2015.05.27 2015노298

-춘천지방법원영월지원 2020.10.13 2020고단151

-대전지방법원 2016.05.12 2015노3193