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(영문) 울산지방법원 2015.12.24 2015고정1080

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

On December 23, 2014, at around 19:20, the Defendant: (a) in a resident preferential parking zone in the south-gu Seoul Metropolitan City, Ulsan Metropolitan City, a resident preferential parking zone in front of the Defendant’s own designated parking zone, and (b) in relation to the parking of vehicles of the victim D ( South and 26 years of age) in the victim’s own designated parking zone, the Defendant provided the victim with a view to stopping the vehicle of the victim while stopping the victim’s right-hand hand by stopping the vehicle without any proper apology, and then asked the victim’s right-hand handker for one time.

Summary of Evidence

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to damaged parts, photographs, and written diagnosis of injury;

1. Relevant Article 257 (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 asserted as to the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order. The defendant and his defense counsel asserted to the effect that the defendant's act constituted self-defense because the defendant's act was merely a concealment of the defendant's breath as at the time of the instant case.

However, in light of the process, method, and degree of the defendant's use of force against the victim in this case, since the defendant committed an active attack beyond passive defensive act, it cannot be viewed as self-defense.

Therefore, the above argument is not accepted.