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(영문) 울산지방법원 2013.07.08 2013고정340
상해
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a tenant who resides in the first floor of the building located in Ulsan-gu, Ulsan-gu, and the victim D (V, 57 years old) is a tenant who resides in the next floor.

At around 17:20 on September 28, 2012, the Defendant: (a) driven the entrance door of the victim room in the front of the building, without any justifiable reason, and (b) took a bath to the victim, such as “to open a knife with a knife, to open a knife, to knife the knife, and to follow the knife” on the left hand; (c) carried out an act of cutting the victim’s shoulder by cutting down the victim’s shoulder with a knife at one time with a knife and a knife with a knife, where the victim’s shoulder cannot be identified; and (d) laid down the victim’s shoulder on the right knife and knife.

Summary of Evidence

1. Legal statement of witness D;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs of the parts of the victim's body;

1. Article 257 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. On the day of the instant case, D and E violated the Defendant’s unauthorized access to the room where the Defendant was living, and the Defendant was only able to suffer losses from D in the process of smuggling. Thus, the Defendant’s act constitutes self-defense.

2. According to the evidence presented prior to the judgment, the defendant can only recognize the fact that the defendant inflicted an injury on D without any particular reason under the influence of alcohol, and no evidence exists to acknowledge the circumstances as alleged by the defendant.

(A) The defendant's assistance also does not state the above circumstances when he makes a statement at the investigative agency. Accordingly, the defendant's above assertion is rejected.

It is so decided as per Disposition for the above reasons.

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