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(영문) 울산지방법원 2016.12.16 2016노1589
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Although the facts charged in this case have been sufficiently proven by the statements made by the victim D, etc. of the summary of the grounds for appeal, the court below erred by misapprehending the facts that the court below acquitted the defendant of the facts charged in this case on the grounds of insufficient evidence

2. Determination:

A. The additional prosecutor of the ancillary facts charged maintains the existing facts charged as the primary facts charged at the trial and added the facts charged as stated in Paragraph (1) as stated in Paragraph (3) below, and applied for the amendment of indictment with the phrase of the crime "violation of the Punishment of Violences, etc. Act (joint violence)" added "Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act" to the applicable provisions of the Act, and the court permitted it, thereby adding the subject of the trial. However, the prosecutor's argument for misunderstanding of facts as to the primary facts charged by the prosecutor is still subject to the trial of the court, and it is necessary to first examine it. (1) The summary of the main facts charged by the prosecutor (the main facts charged) and the defendant B and the defendant are married with the victim D (the victim, the victim D).

The Defendants, while married E and F, who reside in Seoul and F, live separately with their own character, brought up the Defendants by sending them to the home of the victims of her son and woman who are her son and woman, and the Defendants her son and woman was not her son and her son and son were her son and son at the victim’s home.

On January 3, 2016, at around 16:20 on January 3, 2016, the Defendants jointly discovered that the victim was her mother in front of the victim’s house located in Ulsanbuk-gu G, Ulsan-gu, and that the victim was her son and her her son and her son was her son and her son and son was her son and her son, and Defendant B was her her son and the victim was her son and her son was her son and the victim was her son and her son.

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