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(영문) 울산지방법원 2013.05.10 2012고정1312
상해
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 14, 2012, the Defendant: (a) around 13:30 on April 14, 2012, around 13:30, the Defendant: (b) followed the time when she was engaged in the construction of plastic houses in the Bosa field located in the Gyeong-si, Chungcheongnam-si; (c) followed the victim D (the age of 67) and the victim E (the age of 57) by why she would work in her own dry field; (d) turned out the victim E’s bridge to the floor; and (e) she was able to break up the victim E, she tried to break up the victim’s shoulder that was coming from the sand bridge; and (e) continued to break up the victim’s d's shoulder that was cut off from the sand bridge, she was pushed up, pushed up, and fluened,

As a result, the Defendant inflicted injury on the victim E, such as brain salute which requires treatment for about three weeks, and injury on the victim D, such as salute dume, which requires treatment for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, D and F;

1. Each police statement of the E, D, and F;

1. Application of Acts and subordinate statutes as a result of fact-finding on each injury diagnosis certificate and G Council members;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel asserted the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act against the provisional payment order, and the defendant asserts that the defendant's act of breathing the victims constitutes self-defense or legitimate act.

However, in light of the following circumstances, which can be recognized by comprehensively taking account of the evidence as stated in the judgment, i.e., (i) the Defendant was trying to destroy or destroy the victims while making flab with the victims, and (ii) the victims at the time did not exercise other tangible force than flabing the Defendant’s flab by setting up against the Defendant’s act, the instant crime against the Defendant’s body is unfair.

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