2019 Highest 2960a. Bodily Injury

b. Violation of the Punishment of Violences, etc. Act (joint injury)

2020 highest 635(combined).

1.(a)(c) An known defendant, 99 years old, South, and North;

Residential Ulsan-gu

2.(a)(b)Unguilty Kim, 97＇s birth, South Haba, Habate;

Residential Ulsan-gu

3.2.b. Kim Mu, 99, South, and North

Residential Ulsan-gu

Kim Young-young, the number of days of detention, leapsing (prosecutions), leaptables, leaptables (trials)

Attorney Park Jong-soo (National Election for Defendant)

Attorney Kim Kim (the national election for the defendant Kim Jong-il)

Attorney Han-soo (National Election for Defendant Kim Young-soo)

October 16, 2020

[Defendant-Appellant] The Defendant-Appellant is punished by imprisonment with prison labor for two years. Of the facts charged against the Defendant-Appellant, the prosecution against the Defendant’s assault against the victim is dismissed.

[Judgment of the court below] Defendant Kim Jong-il

[Defendant Kim Young-il] Imprisonment with prison labor for a period of five months.

Criminal History (Defendant, Defendant, Kim Young-il) "2019 Highest 2960

1. At around 04:30 on July 30, 2019, the Defendant: (a) told the victim Kim 00 (years 16) who is a son, and the victim’s daily behaviors before the Ulsan-gu Madro Madroposium; (b) on the ground that the victim did not listen to the Defendant’s oral statement, the Defendant and the Defendant inflicted an injury on the victim, such as sugar, where the victim took care of the victim’s face by hand, on the ground that the victim did not listen to the Defendant’s oral statement, and where the victim took care of the victim’s face, the Defendant did not have any two-time open one room for treatment

[2019 Highest 394]

2. On June 8, 2019, at a fee parking lot located in Ulsan-gu, and at a neighboring club shop, the Defendant was faced with shoulder at the victim’s window (20 years of age) and the victim’s face face was flicked by drinking, and the victim’s face face was flicked for about 14 days, and the victim was flicked to walk with the face face of the victim’s face.

【2020 Highest 635

3. The co-principal of tin, the defendant Kim Mok, and the defendant Lee In-bok;

석공동과 피고인 김오월, 피고인 안피고는 2019. 6. 10. 02:00경 울산 남구 포차에서 함께 술을 마신 후 주점에서 나와 담배를 피던 중 피고인 김오월이 피해자 권피해 (24세)의 일행인 김여성에게 "돈까스 같은 년, 돼지 같은 년"이라고 말하여 피해자가 이에 항의하자, 말다툼을 하며 위 주점 옆 골목길로 들어가 석공동이 피해자의 얼굴을 주먹으로 때려 피해자를 바닥에 넘어뜨린 후 석공동, 피고인 김오월, 피고인 안피고는 함께 쓰러진 피해자의 머리와 몸을 수 회 발로 찼다. 이로써 피고인 김오월, 피고인 안피고는 석공동과 공동하여 피해자를 폭행하여 피해자에게 약 42일간의 치료를 요하는 안와골절 및 코뼈골절, 입술과 구강 등의 열린 상처 등의 상해를 가하였다.

4. 박공범, 피고인 안피고의 공동범행 피고인 안피고와 박공범은 2019. 8. 25. 03:08경 울산 남구에 있는 클럽에서 춤을 추던 중 피해자 안피해(25세)의 일행인 김일행과 몸이 부딪혔다는 이유로 시비가 되어, 클럽게이트를 나와 울산 남구에 있는 양꼬치 앞 도로로 이동하여, 피고인 안피고는 주먹으로 피해자의 얼굴을 1회 때려 피해자를 넘어뜨리고, 피고인 박공범은 피해자의 얼굴을 발로 1회 찼다.

As a result, the Defendant and the Defendant were assaulted by the victim in common, resulting in the injury to the victim, which requires treatment for about 42 days during the period of 42 days.

5. The sole crime committed by the Defendant known to the Defendant

(a) Crimes around September 21, 2019;

At around 04:30 on September 21, 2019, the Defendant, on the road in front of Ulsan-gu, and on the road in front of Ulsan-gu, the Defendant: (a) Do, where the victim, who was flick-gu, was flick-gu, was flick-gu and flick-gu, moving to the above place and was flick-gu, and was flick-gu, and was flick-gu and the victim, who was flick-gu, was flick-gu and the victim was flick-gu and the victim was flick-gu and the victim's face was flick-gu.

B. On October 13, 2019, around 01:30 on October 13, 2019, the Defendant, who was aware of the crime, assaulted the victim by spiting down his body on the road in front of the beer of Ulsan-gu, Ulsan-gu, on the ground that he faced with his body in the beer of the victim (the age of 33) and the beer toilet, and assaulted the victim by taking advantage of his body, such as scam suitable for the body from the right scam, which is the driving day of the victim.

C. On October 31, 2019, the Defendant was aware of the crime, around 01:0 on October 31, 2019, and around 01:0, the Defendant: (a) demanded that the victim was 80,000 won of the agreed amount that the victim was paid by the insurance company due to the previous bicycle traffic accident (the age of 17) to the victim; (b) on October 31, 2019, the Defendant inflicted injury on the part of the victim, i.e., on the face of the victim at least 21 days, by taking three times of the face of the victim on drinking.

The summary of the evidence (the defendant, the defendant, the Kim Malon) (Omission)

Application of the law (Defendant, Defendant, Kim Young-il)

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant inside the Defendant: Article 257(1) of the Criminal Act; Article 2(2)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260 of the Criminal Act; Articles 260(1) of the Criminal Act; Articles 257(1) and 260

(b) Defendant Kim Young-il: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant: The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the Defendant, the Defendant, and the Kim mistakenly) is the confession of the instant crime, and most of the Defendant, the Defendant, while the Defendant, who was aware, led to the confession of the instant crime, there was no record of punishment exceeding the same kind of crime or fine, and the fact that the Defendant, who was aware, agreed with some victims is favorable.

However, even though the Defendants jointly and severally inflict a serious injury upon the victim’s right to receive medical treatment for about six (6) weeks, damage recovery has not been made. In the case of the Defendant, even though there were the past two times of the same crime or the past two times of the punishment, the Defendants did not have been subject to punishment and exercised violence against many victims, and the degree of damage is considerably significant, it is inevitable to sentence sentence corresponding to the liability for the crime is imposed on the Defendants. In addition, the Defendants’ age, environment, family relationship, motive for the crime, means and consequence of the crime, and various sentencing factors, such as the circumstances after the crime, are considered.

The acquittal portion (Defendant Kim Innocence)

1. Facts charged;

가. 피고인 김무죄와 석공동, 김오월, 안피고의 공동범행 피고인 김무죄와 석공동, 김오월, 안피고는 2019. 6. 10. 02:00경 울산 남구 포차에서 함께 술을 마신 후 주점에서 나와 담배를 피던 중 김오월이 피해자 권피해(24세)의 일행인 김여성에게 "돈까스 같은 년, 돼지 같은 년"이라고 말하여 피해자가 이에 항의하자, 말다툼을 하며 위 주점 옆 골목길로 들어가 석공동이 피해자의 얼굴을 주먹으로 때려 피해자를 바닥에 넘어뜨린 후 피고인 김무죄와 석공동, 김오월, 안피고는 함께 쓰러진 피해자의 머리와 몸을 수 회 발로 찼다. 이로써 피고인 김무죄와 석공동, 김오월, 안피고는 공동하여 피해자를 폭행하여 피해자에게 약 42일간의 치료를 요하는 안와골절 및 코뼈골절, 입술과 구강 등의 열린 상처 등의 상해를 가하였다.

B. The sole crime of Defendant Kim Jong-il

Defendant Kim Jong-il, at the time and place indicated in the above paragraph A (a) above, caused the Defendant's daily activity and right damage to his body fighting for the foregoing reasons, and caused the victim's fighting by hand on the ground that the victim's Kim Women (n's women, 22 years old), followed by the fighting and the fighting, and caused the victim's boom with his hand, and caused the victim's damage to the brue of other parts that require approximately two weeks of medical treatment, grheegy, inspection, etc.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. First, we examine the joint criminal conduct of Defendant Kim-il (the above 1-A).

In light of the following facts and circumstances acknowledged by the record, it is insufficient to recognize that the evidence submitted by the prosecutor alone proves that the defendant was guilty by assaulting the victim's right by assaulting the victim's injury jointly with the defendant in tin joint, Kim Mok, and Ansan, and there is no other evidence to acknowledge it otherwise.

① It is determined that the injury of the victim’s right to injury was the largest shock caused by the violence on the part of the joint victim of tin, and that the head and body of the victim was caused by a series of incidents, such as the defendant Kim Young-il and the defendant Anal-Defendant, etc., including tin joints, after the victim was written.

tin Joint entered the alley at around 02:10:09 from the CCTV screen (Evidence List No. 30) base point. At the time, Kim Jong-il entered the alley, which was 40 seconds prior to the 40th entrance into the alley, and was in around that time a story outside the alley at around 02:09:27, which was 40 seconds prior to the 40th entrance into the alley, and there was a division of stories outside the alley.

③ At around 02:10:21, 02, when tin joint entry into a alley, the mast and the mathm of Defendant Kim Jong-il came to the math by being aware of the occurrence of assault in the alley. The math of the math was believed in this court that the Defendant Kim Jong-il did not have an intention to the math of the mast joint operation, but the math of the math of the math of the mast of the math of the mast of the mast of the mast of the mast of the mast of the mast of the mast of the mast of the mast of the mast of the mast of the mast of the mast.

④ On June 10, 2019, which was the day of the instant case, the police investigation on June 19, 2019, nine days thereafter, there was no person who designated the Defendant Kim Innocence as the perpetrator at the time of the victim’s right damage, or during the commission of the Defendant Kim Guil-il on June 19, 2019. In particular, the last day of the instant case, except the Defendant’s innocence, which had talked with the police officer on the day of the instant case, assaulted the victim’s right to the victim, was classified into the offender’s clothes (Evidence No. 10 pages of the evidence record), and the damage of the right to the victim was co-ordinated from the police on June 19, 2019 to the offender’s raising at the offender’s seat, the Defendant Kim Mok was designated (Evidence No. 24 of the evidence record), and the Kim Women was identified as the offender of the Defendant’s right to the police on the same day as the offender’s assault against the Defendant’s right.

⑤ The fact that tin Joint Defendant, who was outside the alley after assaulting the victim’s right, was found guilty of having taken part in joint assault into the alley, should be proved. The right damage, red testimony, best conduct, and the statement of the Defendant during the court, which seems consistent with this, are not directly testified of facts of witness, but merely the fact that the Defendant was found guilty of the Defendant’s act of assault during the tin Joint Scam in light of the circumstances at the time.

In the end, the evidence submitted by the prosecutor alone is insufficient to acknowledge the facts charged concerning the joint criminal conduct of the defendant Kim Jong-il, and there is no other evidence to acknowledge it. Next, we examine the single criminal conduct of the defendant Kim Jong-il (the above 1-B).

The victim Kim Women stated that he was unable to witness the scene of assaulting Kim Women. The victim Kim Women stated that the victim Kim Women's right damage, red testimony, and the best behavior did not witness the scene of assaulting Kim Women. The victim Kim Women testified to the effect that the face of the person who assaulted himself is memory of the defendant, and that the face of the defendant is a flicker, and that the first statement made by the police would be consistent with memory, because he is flicking with the defendant Kim Women's face.

However, on June 19, 2019, nine days after the date of the occurrence of the instant case, the victim Kim Women stated that "the person who assaulted himself/herself by the police was "to wear a chlouset lus, Cheongba, and a white exerciser", which was the clothes worn by the defendant inside the Defendant at the time of the instant case. The victim Kim Women's statement alone was insufficient to recognize this part of the facts charged, and there is no other evidence to acknowledge this otherwise.

D. If so, the facts charged against Defendant Kim Jong-il fall under the case where there is no proof of criminal facts, and thus, it is judged not guilty under the latter part of Article 325 of the Criminal Procedure

Public prosecution dismissal part (Defendant known to the defendant)

1. Facts charged;

Around 06:40 on November 23, 2019, the Defendant: (a) thought that the victim Lee Jong-gu (the 19-year-old-old-gu) expressed his desire to do his own act; and (b) took the victim’s “whether he expressed his desire to do so to do so within the country”, and (c) assault the victim by sprinking the victim’s timber and bucks by hand.

2. Determination

The crime of assault under Article 260(1) of the Criminal Act cannot be prosecuted against the victim’s express intent, as the crime of anti-competence. According to the record, the victim appeared as a witness on June 23, 2020, which was after the prosecution of this case, and stated to the effect that “I do not want criminal punishment against the defendant who is known to the defendant” in this court. This constitutes a case where the victim expresses his wish not to punish, under Article 327 subparag. 6 of the Criminal Procedure Act, and thus, it is so decided as per Disposition on

Judges Kim Gin-Un