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(영문) 울산지방법원 2013.10.18 2013고정915
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant, B, and C are ex post facto actors who became aware of in society.

On 03. 21:20 on 04. 03. 21:20, the victim F, who had been suffering from the shoulder of the defendant, had a mash in the case of a conflict with the defendant, B, and C being drunk in the middle-gu Ek-gu Ek-gu, Ulsan.

On that day, the Defendant committed assault, such as breathing the victim's breath by booming the breath by hand.

In addition, violence was committed by batling the victim's bats with G and C-do hand, such as fating the victim's bat, and smuggling several times.

In addition, B had the victim's head at one time due to the empty disease on the floor at the same time.

In addition, the defendant also faced a threat to the victim by shouldering the small-scale disease on the floor by combining it.

The facts constituting the instant summary order stated as follows: “The Defendant was at the time of the victim’s head at the time of the Defendant’s head on the floor.” Moreover, even if B was combined with it, the Defendant threatened the victim with a fluorial disease on the floor, thereby undermining the victim’s head.” However, in full view of each of the evidence in the holding, this is deemed to be a clerical error, and thus, it is just as above.

Accordingly, the defendant assaulted the victim jointly with B and C.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect of the police against F, C, H, and B;

1. Statement of the police statement to I, J and K;

1. Lritten statements;

1. Application of suspect F or other photographic Acts and subordinate statutes;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 2 (2) of the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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