(영문) 울산지방법원 2020.08.14 2019고정624

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(영문) 울산지방법원 2020.08.14 2019고정624

상해

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 23:40 on December 26, 2018, the Defendant assaulted the victim E at the entrance of Ulsannam-gu B, Ulsan-gu, Seoul-gu, as the problem of smoking tobacco at the crosswalk, and caused the victim E to scam one time more than once to scam the head of the above victim's head debt, scambling the scam, and followed the course two times more than once to scam, and led the victim to multiple scambling in need of medical treatment for 21 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, E, and G;

1. Police suspect interrogation protocol of the accused;

1. On-site photographs;

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

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

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

1. The defendant and his defense counsel asserted that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act are only stated in the victim's head debt at the time. This is for the purpose of defending the victim's wrongful attack, and thus, it constitutes legitimate self-defense or legitimate act.

The credibility of the statement is recognized in light of the fact that the statements consistent with the criminal facts of the witness E are consistent, specific, and unreasonable and inconsistent.

In full view of these statements and each evidence in the judgment, it is recognized that the defendant inflicted an injury upon the victim by assaulting the victim as stated in the judgment.

In addition, according to each evidence of the judgment, it is determined that the above act of the defendant was committed with the intent of attacking with the victim, and such act of the defendant is also an act of attack, which is a defensive act, and also has the character of an act of attack.

Therefore, it is difficult to see that the defendant's act constitutes self-defense or legitimate act.

Thus, the defendant and his defense counsel cannot be accepted.

참조조문

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