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(영문) 울산지방법원 2017.12.14 2017고단3771
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A A A shall be punished by a fine of KRW 3 million, by a fine of KRW 1 million, and Defendant B shall be punished by a fine of KRW 2 million.

Reasons

Punishment of the crime

Defendant

C around 01:50 on August 27, 2017, at “E located in Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., for the reason that there was an organization for its employees, and that there was a snow with the victim F (20 years old) who had performed drinking at the same time during the dispute, while checking whether there was an organization’s seat, C left the shoulder of the said F.

Defendant

A and Defendant B entered the restaurant at the entrance of the above restaurant while reporting the above gate, and Defendant A re-tighted the chest of the above F F in 19 years of age to the victim G (Vinna, Nininin, her 19 years of age) who was resisted by the above C. The head of the above G was tightly pushed off, and Defendant B re-sealeded the chest of the above F in her head.

As a result, the Defendants assaulted the Victim F with the victim G, and inflicted an injury on the victim G, such as knee in the number of days of treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act related to the crime, Article 257 (1) of the Criminal Act (the point of joint injury) and Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are the reasons for sentencing, ① Defendant A can have the same power during the period of suspension of execution, and committed a crime without being aware of it during the period of suspension of execution, not only the principal party of the trial but also the physically weak female, thereby inflicting an injury. ② Defendant C has no criminal prosecution (in the case of Defendant C, there are three times of the suspension of indictment, etc.) but also has the main responsibility for the occurrence of the crime by exercising violence first by inducing time expenses and causing violence, and ③ Defendant B has the same power in the case of Defendant B.

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