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(영문) 울산지방법원 2018.10.05 2018고정333

상해

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

The defendant is a person working as B employee, and the victim C is a person working in the same female-friendly district as his/her own female-friendly district and is not aware of it.

On November 27, 2017, the Defendant assaulted two times the victim’s face by setting up against the victim’s left side son at one time in opposition against the victim’s hand, on the road located in Ulsan-gu, Ulsan-gu, Seoul-do, on the ground that the former he was in contact with the Defendant about the situation that he became difficult to drink a drinking atmosphere by putting himself in front of the said main point, and the Defendant changed the attitude to prevent and extinguish the Defendant’s horse satis.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. A criminal investigation report (as to the attachment ofCCTV photographs and images) / (as to the degree of injury suffered by the Defendant, the victim’s act cannot be deemed to be sufficient to suppress the other party, and as to the victim’s face, the victim’s face is immediately displayed twice every year, and then, the victim has exercised tangible power only within the scope of passive defense as a means of resistance to protect himself/herself from an unlawful attack and escape therefrom;

Therefore, the illegality cannot be viewed as a legitimate defense under Article 21 of the Criminal Act.

Application of Statutes

1. Article 260 of the Criminal Act applicable to the facts constituting an offense and Article 260 of the Criminal Act selecting a penalty;

1. A fine not exceeding 200,000 won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The portion not guilty of the suspended sentence under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the same Act (the first offender who has no record of criminal punishment; the facts of the defendant are recognized; the victim's face is assaulted first; the crime of this case leads to contingently, and the degree of assault

1. The summary of the facts charged in the instant case is a person working as B employee, and the victim C is a female-friendly Gu.