(영문) 울산지방법원 2021.02.02 2020고정381

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(영문) 울산지방법원 2021.02.02 2020고정381

폭력행위등처벌에관한법률위반(공동상해)

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Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is legally married with the defendant, who is in a relationship between B and the victim C (60) and has known that he was attending the same Section.

On September 6, 2019, around 05:40 on September 6, 2019, the Defendant: (a) discovered that the injured person around the residence of the victim in Ulsan-gu apartment D, Ulsan-gu, Seoul-gu, without having contact with the victim by the Defendant due to religious and emotional problems; (b) tried to escape from the Defendant and B; and (c) tried to keep the victim away from the Defendant and B; and (d) tried to divide the front races into several times, but the victim was unable to respond, but the victim was waiting to protect the victim, the Defendant was found to get off the elevator with the police officer called the pipe, and the Defendant was able to kill the victim’s fat with his hand so that the victim could not escape; and (c) the victim was deprived of the victim’s fat; and (d) the victim was deprived of the victim’s fating the victim’s bat; and (d) the victim was deprived of the victim’s bat.

As a result, the defendant assaulted the victim jointly with the victim B and brought about a scarcity 11 day of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused or the police officer under B;

1. A written statement of C;

1. A report on occurrence of a crime and a report on internal investigation;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes governing the place of injury diagnosis, the place of recording, and the place of order of doctor;

1. Article 2 (2) 3 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act (the choice of a punishment);

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 concerning the order of provisional payment;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제257조 제1항

유사 판례

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-대구지방법원 포항지원 2018.06.20 2018고정61

-인천지방법원 2017.01.13 2016고합682

-서울북부지방법원 2016.06.16 2016고단685