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(영문) 울산지방법원 2015.07.10 2014고정1545
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 300,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On March 14, 2014, from around 08:30 to around 09:00, Defendants were jointly involved in the “E bath” and the sprinked room in Ulsan-gun, Ulsan-gun, about whether or not the Defendants were involved in male relations with the victim F (nive, age 51). B, Defendant A, on the hand floor of the victim, sponsed the victim’s head, sponsed the victim’s head, sponsed the victim’s head, sponsed the victim’s head, sponsed the victim’s head, and sponsed the victim’s head, and sponsed the victim’s head, and sponsed the victim’s head.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Protocol of examination of the witnessF;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, the selection of fines for negligence

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. Although Defendant A had several fightings with the victim, there was no fact that Defendant A had inflicted an injury on the victim. Defendant A’s act constitutes self-defense as a defense against verbal abuse and assault by the victim.

In addition, Defendant B only made a fighting with Defendant A and the victim and did not commit violence to the victim.

2. According to the evidence duly admitted and examined by the Defendants, the fact that the Defendants inflicted an injury on the victim as stated in the facts constituting a crime can be acknowledged. In light of the background leading up to the fighting between the Defendant A and the victim and the degree of the assault inflicted by both parties, Defendant A’s act cannot be deemed as self-defense, and thus, the Defendants’ assertion cannot be accepted.

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