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(영문) 울산지방법원 2015.01.23 2014고정1403
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim C (ma, 45 years old) are currently a legal couple, and they are currently pending in a divorce lawsuit.

At around 02:40 on April 3, 2014, the Defendant, within the defendant's house located in the defendant's house located in Ulsan-gu D apartment 101 1602 dong 1602, against the victim C's sponsing himself, placed the victim's chests, legs, etc., with his hand knife, with approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s testimony Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Determination as to the assertion by the defendant and defense counsel under Article 59(1) of the Criminal Act (the victim is not subject to punishment against the defendant, the defendant is the first offender, and the circumstances leading to the crime of this case, etc.) of the suspended sentence

1. The summary of the argument is merely limited to the act of the defendant against the victim's assault, and thus, it cannot be punished because it constitutes legitimate self-defense under Article 21 of the Criminal Act.

2. In light of the degree of injury inflicted on the victim by the Defendant, the circumstances surrounding the Defendant and the victim committed the assault and the circumstances at the time, etc., the Defendant’s act does not constitute self-defense to passively defend the victim’s wrongful attack.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

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