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(영문) 울산지방법원 2015.05.12 2015고정271
폭력행위등처벌에관한법률위반(공동상해)
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The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A and the victim D (year 47) have been living separately for the last five years between married couple, and Defendant A and the victim are children of Defendant A and the victim.

At around 16:30 on July 18, 2014, the Defendants jointly sought the victim’s timber by breaking the victim’s body and cutting down the victim’s signal to the front side of the court located in Ulsan-dong, Ulsan-dong, and on the ground that the victim attempted not to go back without having met the requirements of the Defendants, Defendant B committed assault, such as plucking, plucking, etc. of the victim’s right hand hand hand hand hand hand hand hand over over over the victim’s body, Defendant B, and Defendant B, respectively. In sum, Defendant A assaulted the victim’s body hand over over the part of Defendant B.

As a result, the Defendants jointly put the victim, who is the lineal ascendant of the Defendant B, into a multi-faceted bid and a diversity test that requires treatment for about two weeks.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made to D by the police;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, the selection of fines, etc.

B. Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(2) of the Criminal Act, the selection of fines

1. The type to be suspended;

(a) Defendant A: Fine for negligence of 700,000 won;

(b) Defendant B: Fines of KRW 1,000,000

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the Criminal Act (in the case of 100,000 won per day);

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (the fact that there is no particular criminal history against the Defendants; the background of the occurrence of the instant case; the victim’s injury caused by the instant case is relatively minor; and the sentencing conditions under Article 51 of the Criminal Act are considered)

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