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Reasons
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(영문) 울산지방법원 2017.02.09 2015고정610
폭력행위등처벌에관한법률위반(공동상해)등
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Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 22, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) reported that, on the front day of the “D Age Club” located in Ulsan-gu, Ulsan-gu, Ulsan-gu, the victim F (37 years of age), who is a taxi driver under the influence of alcohol, and that, during the time when he was in the problem of refusal to take passengers, he saw that he she saws the victim’s bath and shoots the ebbbb, etc., and did so together, he saw the victim’s ebbage.

Accordingly, the defendant committed violence to the victim jointly with E.

2. The Defendant was assaulted as above at the time and place mentioned in the preceding paragraph.

The victim G(49) who reported the above assault to the police upon F's request and reported the above assault to the police. The victim G(49) reported the assault to the police, and the defendant salute, salute, and salbbbbbbbbbbs, walking the victim's buck, and assault the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Recording of F statements in the fourth public trial records;

1. Recording part of H's statement in the fourth public trial record;

1. Statement made by the police with regard to G (the admissibility of evidence is recognized under Article 314 of the Criminal Procedure Act);

1. Part of the police statement with H;

1. Application of CCTV Acts and subordinate statutes;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (a) of the Criminal Act concerning criminal facts;

1. Selection of each fine;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / [The defendant and his defense counsel asserted to the effect that the defendant did not commit any assault against the victims, but the victim F consistently suffered such assault from the defendant

A statement is made and consistent with the statement (the 41th page of investigation records) in H investigative agencies, and victim G investigative agencies also.

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