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(영문) 울산지방법원 2021.02.09 2020고정585
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A, B, C, D, and E are active, and the victim F (ma, 25 years of age), G, and H were placed in the way front of the "J" located in Ulsan-gu I as the other party.

On March 8, 2020, at around 07:05, the Defendant 207:05, dumped the victim F (25 tax)’s bat around the main point of the above main point, and b mixed with it, fumped the victim’s clothes, fumped the victim’s head, fumped the victim’s face with his hand, and fumped the victim’s head, and fump.

As a result, the Defendant, in collaboration with B, inflicted injury on the victim, such as “influences and the old net,” which requires approximately two weeks of treatment.

Summary of Evidence

1. Photographs of a witness K or F by cutting the CCTV at the scene of a crime committed by K or F’s legal statement;

1. In light of the medical certificate of injury (as to the damaged photographs of G and Japan), etc. of internal investigation report [the defendant and his defense counsel only claimed that the injured person at the time when the injured person made a baton between the defendant's daily operation, and did not bat off the batch. However, according to each of the above evidence, it is reasonable to view that the defendant's act of making the baton of the injured person's bat to the extent that the injured person does not merely injure the injured person's daily operation, and that he did not bat off the bat at the injured person's time and place in his own daily operation, and 10 seconds or more, and it is sufficiently recognized that he did bat off the bat at the injured person's right time and place in his own daily operation, and that the injured person continued to bat the Defendant's bat.

Therefore, the defendant and defense counsel's assertion is not accepted.

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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