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(영문) 울산지방법원 2016.06.17 2015고정1239
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

D and E are related with each other, and Defendant A and Defendant B are in south, and D is a person who lends part of the building owned by Defendant B in Ulsan-gun F, Ulsan-gun, and operates the contract for the acceptance of the contract.

D and E, around January 6, 2015, around 20:25, at the above 20:25, around D’s 2015, at the bank of the performance of the contract, D’s horse and dispute with the Defendants, with D’s Mond No. D’s horse, and D’s head debt was shakend with both hand.

Accordingly, the Defendants set up against the above violence of D and E, and Defendant A was salvating the victim E’s breath by breath, and Defendant B was salvating the victim’s head d with the double hand.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made by the witness G (in case of Defendant B, the same person as Defendant B is the same person) from among the three-time public trial records;

1. The legal statement of the witness E (defendant A)

1. Protocol of witness examination (defendant B) outside the witness E date;

1. A protocol concerning the examination of suspect of each police station against D;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to each investigation report (such as photographs, diagnostic certificates, hair repair photographs, etc.);

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of each fine for a crime;

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

1. Determination as to the Defendants and their defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act of each of the Criminal Procedure Act in the provisional payment order

1. The main point of the argument is that Defendant A did not catch E’s head head, but Defendant B claimed that this is a legitimate defense.

2. In light of the aforementioned evidence, Defendant A, as indicated in the facts charged in the instant case, franchising of the victim E.

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