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(영문) 울산지방법원 2013.07.19 2013고단4
상해
Text

Defendant

B shall be punished by a fine of 70,000 won.

Defendant

B If the above fine is not paid, KRW 50,000.

Reasons

Punishment of the crime

1. On June 24, 2012, around 19:20, Defendant B assaulted the victim A (39 years of age) and the vehicle traffic at the front parking lot of 109 building F in Yangsan-si, with respect to the traffic of the victim, he was able to take up and attract the victim’s neck by hand, the victim’s body was pushed down, the victim’s knife, and the victim’s knife and knife the victim’s knife.

As a result, the Defendant inflicted an injury on the victim by the base base and tension of the crypical cryp that requires treatment between approximately two weeks.

2. Defendant A, at the time, at the same time and place as in paragraph (1) of this Article, assaulted the victim as the victim B(37 years of age) was pushed down with a knife and knife the knife.

Summary of Evidence

Facts No. 1

1. Defendant B’s statement in the first trial record;

1. A suspect interrogation protocol of the prosecution;

1. A report on investigation (Attachment of photographs and output);

1. Facts set forth in Decision 2 of the Medical Certificate of Injury (A);

1. Each prosecutor's interrogation protocol concerning B;

1. The judgment as to the assertion by Defendant A and the defense counsel on the part of the above charges, which are part of the facts contained in the investigation report (the above evidence, as well as CCTV video works submitted by Defendant A as evidence, can be recognized as having caused damage as if Defendant A was aware of the fact that the chest of Defendant B was sealed. However, even if it is based on the investigation report (the attachment of photograph output), such violence was committed before 2 to 3 minutes from the time of injury, and such violence was committed even if it was irrelevant to the part of the injury of Defendant B, and such violence cannot be deemed as having a causal relationship with the injury of Defendant A and the defense counsel

1. The above Defendant and Defendant A’s defense counsel’s assault, etc. constitute self-defense, since they were committed during resistance to the extent that they were not sealed by B as a means of defense against the harmful act by B.

This goes beyond that on the premise that the injury of B was caused by Defendant A.

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