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(영문) 울산지방법원 2018.06.20 2018고정252
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is C and the workplace rent.

The Defendant, together with C on October 18, 2017, 01:20 on October 18, 2017, was drinking at D'E located in Ulsan-gun, Ulsan-gun.

C has filed an application for singing and waiting for the order, but the order is not faster, and the F and trial have become the customer.

During that period, C used violence between F and F, which batizes the bather face and makes the face of F in drinking.

In addition, the defendant used violence to walk F's face that is going on the top of C.

As a result, the Defendant, together with C, inflicted injury on F with the number of days of treatment, resulting in an unexplosive injury to F and the victim in coaches.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect with respect to F (time);

1. Statement of the police statement related to G;

1. A report on investigation;

1. The Defendant asserts to the effect that the Defendant, such as related photographs, does not have the intention of joint injury, as F does not have to walk up a bridge to get out of the sloping of C and F in the process of speaking for the fighting of C and F.

- Article 2 (2) of the Punishment of Violences, etc. Act requires that two or more persons jointly carry out a so-called co-offender relationship between them as the requirement that there exist the so-called co-offender relationship between them, and that it is required that several persons are aware of another person's crime at the same time and commit the crime using the same opportunity (see, e.g., Supreme Court Decision 99Do4305, Feb. 25, 2000). - According to the above evidence, the Defendant reported that the F and C carried the f on the face of drinking in the state of drinking, etc. while the f and C carried breath of the Defendant's bridge, it can be acknowledged that the F had inflicted an injury, such as drinking on the f while walking the Defendant's f face, and breathing from the f.

In light of the method of the Defendant’s act of injury, the part causing injury, and the circumstances at the time of the instant case, the Defendant’s act of injury to C.

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