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(영문) 울산지방법원 2018.10.19 2018고정34

상해

Text

The prosecution of this case is dismissed.

Reasons

Part of innocence (Infliction of Injury)

1. On August 2, 2017, the summary of the facts charged: (a) at the president’s office of Ulsan-gun, Ulsan-gun, U.S., U.S. on the part of the Defendant, the Defendant: (b) at around 10:30 on August 2, 2017, the Defendant: (c) at the Ulsan-gun’s office of “D” president; (d) at the victim’s office of “D”; (e) at the victim’s wife E, the Defendant’s wife and the victim’s wife are doubtful; and (e) at the victim’s office, the victim’s wife and the victim’s shoulder were exposed to each other; and (e) at the victim’s office, E was able to

s) The World Cup was in possession of the victim's head, and the victim's shoulder was broken down.

As a result, the Defendant and E suffered injury at the same time to the right shoulder in need of approximately 2 weeks of treatment, strings, sprinke, sprinke, tensions, etc.

2. Determination

A. Article 263 of the Criminal Code as to the liability for the same demonstration provides that "in the event that an independent act concurrently causes the result of injury, if it does not establish the cause of the act, it shall be in the same way as a common principal offender.

"The special exception to the same demonstration of the contents is stipulated, and the same demonstration in the crime of injury has brought about the result of an injury by two or more persons by committing an act of injury, and if it is not clear to which person's injury was caused by an act of injury, all of the offenders will be considered as a joint principal offender.

The following circumstances revealed by the evidence duly examined and adopted by this court, namely, ① according to the images on the part of the victim’s injury (in the investigation record 43 pages), it is difficult to readily conclude that the damaged part is a trace of a string that may be caused by an act to the extent that the string is to be done. ② Furthermore, considering the fact that the string is the right shoulder of the victim’s right at the port, the part of the defendant’s string is to be cut off with the Defendant’s left hand. However, if the Defendant did not have a left hand, the Defendant’s ability to complete the string.

that is deemed to be.

참조조문