beta
(영문) 울산지방법원 2016.08.08 2015고정1660

상해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 20, 2015, the Defendant received recommendations from the Victim F (56 years old) F to go to the branch of the D Ulsan Factory E conference located in Ulsan-gu, Ulsan-gu, U.S., to go to the branch of the union branch of the union in general service who is not good between the Defendant and the Defendant, and caused the Defendant by assaulting the victim, such as using a brub hand, she wears clothes below the bones of the victim’s conflicts, and she was sleep back and back, and then she suffered injury, such as a brubing cage, etc. which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. The accusation of the F (including the injury diagnosis certificate attached thereto);

1. Application of Acts and subordinate statutes as a result of factual inquiries about I hospital;

1. Articles 262, 260 (1), and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that even if there was an assault against the victim by the defendant against the victim, this constitutes a legitimate defense that constitutes an act to defend the victim's unfair act, and thus, illegality is excluded. However, in light of the circumstance, situation, method, degree, and result of the assault in this case, the defendant's act is not merely a passive defense, but also has the character as an attack.

Since the above assertion cannot be viewed as a legitimate defense, it is not acceptable to accept it.