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(영문) 울산지방법원 2020.05.28 2019고정419
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 1.5 million, Defendant B, and C, respectively, by a fine of KRW 1 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On October 18, 2018, at the office of the E Merchant Association located in Ulsan-gu, Ulsan-gu around 11:24, the Defendants declared the invalidation of the extraordinary meeting, and in order to prevent the victims F (FF) from spreading new microfics to G of the Chairperson of the Emergency Countermeasures Committee, which was suffering from microfication, Defendant A sealed the victims' neck by sofasing the victim's left arms, Defendant C was felbbbbbbbing the victim's kne, and Defendant B was feld with the victim's kneekbbbbbbbbbbing with kne.

As a result, the Defendants jointly inflicted multiple injuries on the victim, such as dystrophism in need of treatment for about two weeks.

Summary of Evidence

1. Defendants’ partial statement

1. Protocols of partial examination of witnesses F and H:

1. Investigation report (the No. 14, 22 of the evidence list);

1. A medical certificate;

1. The assertion by the Defendants and the defense counsel and determination on the video and photographs (Evidence Nos. 5, 6, 7, and 12)

1. The assertion that ① Defendant A was sealed of the victim, but Defendant B and C did not commit any assault against the victim at all because Defendant B and C attempted to get the victim from micronating, ② Defendants did not have conspired with each other, and ③ the fact of injury of the victim cannot be acknowledged.

2. Determination

가. 위 각 증거에 의하면, 피고인 C는 여러 상인들이 피해자가 쥐고 있는 마이크를 지키려고 또는 마이크를 뺏으려고 피해자를 둘러싸고 있는 와중에 진입하여 피해자의 팔을 잡아당겼고, 이를 통해 피해자를 비롯한 무리들이 피고인 C의 방향으로 함께 넘어진 사실, 그와 같이 넘어진 상태에서 피해자 옆에 눕게 된 피고인 B은 피해자가 쥔 마이크를 당기며 피해자의 몸을 누르거나 손가락을 잡아당긴 사실이 인정된다.

Thus, the acts of Defendant B and C were committed by the victim, even if the intent of the victim was to commit a microcom.

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