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(영문) 울산지방법원 2018.09.18 2018고단1620
특수상해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On May 21, 2018, around 06:25, the Defendant transferred the horses of the victim to a wooden stick (140cm in length, about 20cm in diameter), which is a wooden stick (140cm in length, about 20cm in diameter), with noise problems between the floor above 402, Ulsan-gu, Ulsan-gu, U.S. C apartment non-dong 402 (the Defendant is the house of the victim, and the Defendant is the immediate below floor, 302).

In this respect, the defendant carried dangerous objects and carried about about 14 days of medical treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant by the court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. E statements;

1. On-site photographs and photographs of criminal tools;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Act on Reduction and Exemption of Small Quantity provides that “When the victim gets out of the land with a hack pipe, the victim got out of the hacker, and the defendant sick to defend it, it does not admit the above argument on the defendant’s assertion that “The victim gets out of the ground with a hack pipe,” but there is no evidence to support the defendant’s assertion that “ even if the defendant gets out of this case as a legitimate defense, the victim gets out of the ground with a hacker pipe.” According to the evidence of the judgment, the defendant's act of causing injury to the victim cannot be deemed as an act of defending the present unfair infringement on himself/herself, and in light of the following and following circumstances, the defendant’s assertion on the political party is rejected.

Although the noise problem between the reasons for sentencing should be resolved through the autonomous organization or management office of multi-family housing, it is possible to find out the victim's noise in the victim's house where it is unclear.

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