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(영문) 울산지방법원 2013.05.10 2012고정1539

상해

Text

Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 10, 2012, at around 00:40 on July 10, 2012, the Defendant assaulted the victim’s name, etc. several times by hand on the ground that the Defendant, in Ulsan-gu C, was working as an employee, and that the victim’s E (33 years of age) and the drinking value were not calculated at the end of the dispute, and the victim attempted to go back without calculating the drinking value.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of each of the protocol of interrogation of the police about the defendant and Eul to the police officer's protocol

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

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

1. As to the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the defendant and his defense counsel asserted that the defendant and his defense counsel constitute the crime of this case since they attempted to commit the crime of this case without paying the drinking value.

According to the above evidence, the fact that the defendant committed the crime of this case in order to catch the victim who intends to go without paying the drinking value may be acknowledged. However, in light of the facts constituting the crime of this case, such as the fact of the crime in the judgment, the method and degree of violence inflicted on the victim, etc., it cannot be deemed as a passive resistance, which does not violate the social norms.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The acquittal portion

1. On July 10, 2012, the Defendant: (a) around 00:40 on July 10, 2012, the summary of the facts charged: (b) on the ground that the Defendant was in his/her position as an employee, and that the Defendant was trying to go against the victim E (33 years of age) and the drinking value, and that the victim was trying to go without calculating the drinking value.

As a result, the Defendant committed a tension and tension to the victim, which requires treatment for about three weeks.

2. The victim E is admitted as evidence that seems to conform to the above facts charged.