(영문) 울산지방법원 2015.10.02 2015고정358

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자간(%)

(영문) 울산지방법원 2015.10.02 2015고정358

상해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 22, 2014, at the entrance of the Diplomatic Hall located in Ulsan-gu, Ulsan-gu, U.S. on October 19:00, the Defendant asked the victim E (ma, 50 years of age) who is the opposite member of the Association (ma, 50 years of age) from the time of the division between the members to prevent him from entering the church by punishing both arms and preventing him from entering the church as soon as possible.

Summary of Evidence

1. Legal statement of witness E;

1. The results of CD reproduction and viewing;

1. A medical certificate of injury submitted by the complainant;

1. Application of the Acts and subordinate statutes on evidence submitted by the complainants and photographs thereof;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The alleged defendant did not commit an assault against the victim. If the defendant committed an act identical to that stated in the facts charged, it constitutes a passive defensive act committed in order to escape from the assault committed by the victim while the defendant lost mind due to the assault committed by the victim, and thus constitutes a self-defense or legitimate act, and thus, the defendant is dismissed from liability without the awareness of illegality.

2. According to the evidence duly admitted and examined, the defendant's act in the judgment of the court below constitutes a passive defense act in light of the degree and circumstance of the injury inflicted by the defendant to the victim who was in conflict with the defendant due to the division of the church, and the victim who was in conflict with the defendant and the victim who was in conflict with the defendant due to the division of the church, and the body fighting is acknowledged as having been punished, but the defendant cannot be viewed as having lost the mind.

It can not be regarded as a legitimate act that does not violate social rules.

참조조문

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