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(영문) 울산지방법원 2015.11.20 2014고정1829
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

At around 17:00 on April 22, 2014, Defendant A and Defendant B shared a garbage bag containing food waste in front of the building where the Defendants reside in the F cafeteria operated by the Defendant E (F 46 years of age) around the F cafeteria operated by the Defendant A and the Defendant B shared the two arms of the victims and carried them back, and Defendant B also carried them down the left-hand box and down the back part of the victim, which requires approximately two weeks of treatment for the victim.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and the choice of fines for negligence

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. The Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants’ body is merely a passive act of defense against the victim’s fighting and threatening the victim’s fighting first, and thus, the Defendants’ act constitutes self-defense or legitimate act.

2. In full view of the background and degree of the instant crime, the method and degree of the Defendants’ harmful act, damage situations, etc. acknowledged by the evidence duly admitted and investigated, the above assertion is rejected inasmuch as the Defendants were deemed to have inflicted an injury on the victim with the intent of attack against the victim.

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