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(영문) 울산지방법원 2018.05.30 2018고정212

상해

Text

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

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 a person who operates a cosmetic shop on the second floor of D shop in Ulsan-gun, Ulsan-gun.

On December 2, 2017, the Defendant: (a) around 10:50 on December 10, 2017, the Defendant, within the 2nd floor E store operated by the 2nd floor D store, had the victim go against the attack by the victim G (at the age of 56), and had the victim go against the victim's hand, and had the victim go against the victim's car at the same place, and had the victim go against the victim's seat and tension in need of treatment for a period of 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G and E’s legal statement;

1. On-site reports (CCTV investigation and accompanying the storage of CDs);

1. According to the medical certificate of injury to G - Each of the above evidence, the victim is recognized to have been issued a medical certificate of injury corresponding to the injury of the criminal facts as stated in the judgment of the doctor I on December 4, 2017.

B. The date and time after the diagnosis of injury and the date and time after the diagnosis of injury stated in the injury diagnosis report are close to the time and time of the injury as indicated in the judgment, there is no reason to suspect the credibility in the process of issuing the injury, and there is no reason to suspect the injury's degree and degree are consistent with the cause and circumstance of the injury claimed by the victim.

- Therefore, criminal facts of the judgment are recognized.

Application of Statutes

1. Article 257 of the Criminal Act applicable to the crime, Article 257 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination as to the legitimate defense of a party under Article 334(1) of the Criminal Procedure Act

1. The defendant's defense counsel asserts that the defendant's act of injury, as stated in its reasoning, constitutes a legitimate act that constitutes a legitimate defense, or that is merely an opportunive passive defense, since there is a considerable reason as an act to defend the victim and E from an improper attack

2. The evidence duly adopted and examined by this court is based on the evidence.