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(영문) 울산지방법원 2020.09.18 2019고정793
상해
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Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of five hundred thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates “D” on the third floor of the building in Ulsan-gu, Ulsan-gu, and Defendant B is a person who operates “E” on the second floor of the same building.

1. At around 17:50 on March 4, 2019, Defendant A and the Defendant suffered bodily injury, i.e., in the front corridor “E” located on the second floor of the building above, on the ground that the victim B (n, 54 years old) in front of the stairs up to the second floor and up to the third floor cannot be set up, or that customers cannot turn out before the corridor, etc. up to the third floor without permission, on the part of the victim, Defendant A and the victim were in a dispute with the victim, on the ground that the victim’s leged with the hand floor is not able to cut up to the third floor.

2. At around 17:50 on March 4, 2019, Defendant B assaulted the victim on the “E” front corridor located on the second floor of the building above, as set forth in paragraph 1, with the victim’s hand floor, following the victim’s clocking to be clocked.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police as to B (first time);

1. The police statement concerning F;

1. Photographs of the suspect's face;

1. B 【Defendant B】

1. A’s legal statement;

1. Photographs of the suspect's face;

1. On-siteCCTV closure photographs;

1. The defendant and his defense counsel did not have assaulted the victim A, and even if the defendant's act committed in order to escape from the assault constitutes an assault, it does not constitute a legitimate act since it was merely a passive defensive act against the assault of A.

According to each of the above evidence, the defendant B can be recognized as having committed an assault, such as immediately setting her sonl with the victim A, immediately setting up against the victim A, and smuggling A's breast part, as stated in its reasoning, and it is determined as an act of attacking A with the intent to attack.

Therefore, the defendant's act is the same.

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