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(영문) 울산지방법원 2015.11.05 2015고정1448

상해

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is between the victim C (n, 47 years of age), Russa, and C.

At around 15:10 on June 8, 2015, the Defendant assaulted the victim on the following grounds: (a) at the E point of the Defendant’s operation located in Yangsan-si, the victim was in dispute with a long miscarriage of the victim’s money; (b) while the victim was in dispute with the victim, the victim was in his/her own possession and was in the part of his/her head, and was in the part of his/her hand shakes over the floor, thereby causing about two weeks of treatment; and (c) on the part of the Defendant, he/she was in violation of the victim’s head knife by putting down his/her head knife; and (d) in violation of the above, the victim’s head knife k

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements among the police interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to an investigation report (as to attachment of photographs);

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

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act asserts that the defendant's act constitutes self-defense or legitimate act, since the defendant's act was conducted at the time of the instant case against the victim's attack.

However, in light of the process, method, degree, etc. of the Defendant’s use of force against the victim, it cannot be viewed as self-defense or legitimate act, since the Defendant committed an active attack beyond the passive defensive act.

Therefore, the above argument is not accepted.

Parts of innocence

1. The summary of the facts charged in relation to the injury is as follows: The Defendant is the victim C (Inn, 47 years of age) and hyn, and hyn.

On June 8, 2015, at the E point of the defendant's operation in Yangsan-si D around 15:10, the defendant is the defendant's hand while the victim has a conflict with the victim's cryptian heritage.