(영문) 울산지방법원 2020.9.25.선고 2020고정357 판결

Defendant shall be punished by a fine of KRW 700,000. If the Defendant fails to pay the above fine, the Defendant shall be confined in a workhouse for a period of one hundred thousand won converted from one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

At around 15:20 on April 18, 2019, the Defendant was aware of the victim's camping doping in order to put the victim's door (n,e.g., 52 years of age) into the competent authorities about the status of operation of the camping doping.

Although the defendant tried to go from the camping place through a drainage installed in the outer side of the camping site, the defendant suffered bodily injury such as the right dog, the upper part, and the upper part of the 21-day medical treatment for about 21 days by pushing the victim's body with his/her left shoulder, and having the victim go beyond the floor.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the damage to the witness;

1. A written diagnosis of bodily injury;

1. usb 17

1. Investigation reports (Attachment of 112 Report List), investigation reports (verification of image data submitted by the injured party), investigation reports (Attachment of photographs on the site of the case);

○ The Defendant and his defense counsel asserted to the effect that even if there was contact with the Defendant, it was nothing more than a passive defense act of the Defendant, even if there was a contact with the Defendant, while the Defendant was able to display and walk his arms toward the Defendant who was coming up with the Defendant.

According to the evidence of the judgment of ○○, the victim is standing the defendant in the direction of the defendant's proceeding.The defendant who wants to sell is provoking, the victim's body is provokinged, and the victim has lost its center, and the victim has suffered the injury as stated in its reasoning because it was rapidly lowered and exceeded the floor, and the defendant's act is determined to be provoking the victim with the intent of attacking the plaintiff. Therefore, it is difficult to view the defendant's passive defensive act as self-defense or legitimate act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 262 and 260(1) of the Criminal Act (Selection of Fine)

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act