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(영문) 울산지방법원 2014.09.19 2014고합81
폭행치사
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 4, 2013, around 07:50 on September 4, 2013, Defendant A had three parallels, including B and victim H (31), and performed drinking, from 7 Gnoari 7 Gnoari-gu Ma of the fourth floor F of the building located in Ulsan-gu, Ulsan-gu.

During that period, the Defendant, on the ground that the victim’s horses were written off, assaulted the victim by continuing the victim to take trial expenses, making the victim’s breath by hand, and opposing one another by drinking the victim’s face.

Although the facts charged include Defendant B's assaulting the victim by hand, the evidence submitted by the prosecutor alone is not sufficient to recognize such facts, it should be excluded from the facts charged.

2. At the time and place mentioned in paragraph (1), the Defendant continued fighting, such as fating the victim’s fat, and bating the victim’s fat, etc., the Defendant assaulted the victim’s body by exposing the victim’s body during the process of fighting.

Summary of Evidence

1. Defendants’ respective legal statements

1. A’s legal statement (limited to the defendant B);

1. The legal statement of the witness B (limited to the defendant A);

1. Each legal statement of witness I and F;

1. Videos recorded in DVD for the storage of the case video;

1. The defendant B argues that his body was generated by the victim in order to speak fighting between the defendant A and the victim, and that his body was merely the victim's body, it constitutes a legitimate act. Thus, the defendant B argues that his body was a fighting between the victim A and the victim, and that his body was a fighting device, the CCTV image photograph inside the main room, the investigation report (Attachment of CCTV inside the main room and the CCTV CD record), the CCTV image data, the investigation report (Attachment of the incident scene map and the photograph), the field map, the photograph ascertaining the structure inside the toilet and the toilet inside the scene, the investigation report (Attachment of summary map and photograph, etc.), and the defendant B's assertion on the defendant B's assertion on CCTV analysis photograph.

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