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(영문) 울산지방법원 2016.08.09 2016고정221
상해
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2015, the Defendant: (a) stated in the written indictment on the charge of indictment the victim E, who was a partner at a school bus article room located in Ulsan-gu D Public Parking Lot located in Ulsan-gu, Ulsan-gu, Seoul, as “levere”; (b) it is recognized as “levere” as the result of the hearing that the Defendant was the victim’s “levere”, and that such recognition does not have substantial benefits to the Defendant’s exercise of his right of defense; and (c) it is recognized as above without the modification of the written indictment.

3 times, violence was committed.

Around five weeks of medical treatment to the victim, damage was caused by the freshed fresh of the shoulder belt and the fresh.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness E and F [the defense counsel denied the criminal intent to the effect that the defendant did not have any awareness of the assault that is the cause of the bodily injury, but even if the defendant's act was somewhat long, as alleged by the defense counsel, the defendant did not have any criminal intent to commit the assault, so long as the defendant was aware of the act itself that "the defendant's act was committed by hand" even though it was somewhat long as the act was committed by the defendant.

applicable laws and regulations

1. Article 260 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Selection of an alternative fine (the details of the crime, degree of violence, relationship between the defendant and the victim, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. The summary of the facts charged is as follows: (a) the Defendant, as indicated in the facts constituting a crime, committed damage to the victim, thereby causing approximately five weeks of the shoulder booms, which require the victim to be treated for about five weeks.

2. Determination

A. The principal evidence supporting this part of the facts charged lies in the victim’s statement that “the Defendant sustained injury identical to this part of the facts charged by assault by the Defendant.”

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court:

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