(영문) 대구지방법원 의성지원 2017.04.27 2016고단257 (1)

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 의성지원 2017.04.27 2016고단257 (1)

상해등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Presumption Facts] On September 8, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for habitual night residence larceny in the Jinwon District Court's Jinwon Branch, and from April 2016, the Defendant was living in the office E of the 3rd party of the Gyeongbuk-do, which was in the progress of the Cheongong-gun, with the victim C and D, along with the victim C and D.

[2] On July 17, 2016, the Defendant: (a) committed an assault against the victim by breaking the victim’s breath’s breath and breathing the victim’s face and breast part; and (b) cutting off the victim’s right-hand check of the Defendant’s right-hand check in the victim’s entrance; and (c) caused the victim to incur an injury, such as an influoring the boom on the treatment date, by breaking the victim’s interest.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of Acts and subordinate statutes to a report on investigation (Evidence photographs and C opinions);

1. Determination as to the assertion of the defendant and his/her defense counsel under the pertinent Article of the Criminal Act and Articles 262 and 260(1) of the Criminal Act regarding criminal facts (the choice of imprisonment)

1. The argument that the defendant unilaterally met the victim and did not assault the victim, and that the defendant's hand entered the victim's right by chance. Since the victim suffered an injury in the course of cutting the defendant's hand by hand, the defendant's act constitutes an emergency escape.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court: (i) according to the legal statement of the victim and witness D, the Defendant and the victim were in conflict with each other, and (ii) the Defendant and the victim were in conflict with each other, and (iii) during the process of vagabonds, the victim and the victim were in line with each other, and (v) were in line with the other’s body.

참조조문

-형법 제260조 제1항

-형법 제262조

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