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(영문) 울산지방법원 2015.10.23 2015고정605

상해

Text

The defendant shall be innocent.

Reasons

1. Around 04:10 on December 20, 2014, the Defendant: (a) assaulted the Defendant; (b) assaulted the Victim E and F in front of the D on the street located in Ulsan-gu, Ulsan-si; (c) assaulted the Defendant; and (d) assaulted the Victim F with a breath in a breathro, which is in need of two weeks’s treatment; and (d) francing the Defendant’s internal part of the Victim E with an internal part of the case, and francing the Victim E with an internal part of the case requiring two weeks’s treatment.

2. Each of the witness E, F’s each legal statement, police interrogation protocol on E, and F, and each of the injury diagnosis statements are admitted as evidence corresponding to the facts charged in the instant case.

In addition to the above evidence's partial statement, the fact that the defendant satise fats and f fats and fats fats e and fats e and f at the time of the instant case is recognized.

However, E was diagnosed on January 8, 2015 by each G hospital on January 7, 2015 and submitted a medical certificate of injury. Each of the above medical certificates of injury was issued after at least two weeks passed from December 20, 2014 when the instant fighting match occurred, and it is difficult to believe that E and F had not received any particular medical treatment, and there is no other evidence to prove the fact that E and F suffered any injury as stated in the facts charged at the time of the instant fighting.

In addition, in light of the background of the instant fighting and the degree of injury suffered by the Defendant, the Defendant’s act of spabling e and F and spabbling fighting is an act of resistance to protect himself from the illegal attack of the other party and to escape from it, and thus, it constitutes self-defense as a means of resistance permitted by social norms). 3. In conclusion, the instant facts charged constitute a case where there is no proof of crime, and thus, the Defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act.