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(영문) 울산지방법원 2020.12.17 2020고정96
상해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 14, 2019, around 04:46, the Defendant suffered the injury of salt at a catus fry, where the head and the part of the bridge are walking from the victim D (the age of 53) who is a customer, and the head and the part of the bridge are taken several times, the face and the part of the chest are taken several times, and the Defendant was assaulted over the tightly, bat, the victim's breast part was walking three times in the catus, and the victim's breast part is in need of approximately three weeks of medical treatment.

Summary of Evidence

1. The defendant's partial statement, the scene of his/her oral statement, and the diagnosis of the damaged photograph [the defendant and his/her defense counsel asserted that the defendant did not have an intent to injure him/her as to display his/her hand to protect himself/herself from the violence of the victim at the time, but the defendant's intent to injure the defendant is acknowledged in light of the degree and frequency of walking the victim, and even if the defendant acted as his/her legitimate defense or legitimate act, in light of all circumstances, such as the situation and degree of mutual assault, the defendant's act of walking on three occasions the chest of the victim's chest is judged as an act of attack separate from the act of assault committed by the victim, so the defendant and his/her defense counsel's assertion is not accepted]

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (100,000 won per day);

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the suspended sentence; Article 59 (1) of the Criminal Act (see, e.g., the agreement with the victim; Article 59 (1) of the victim’s first assaulting the defendant

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