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(영문) 울산지방법원 2016.02.11 2015고정1098
폭력행위등처벌에관한법률위반(공동상해)
Text

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

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants supported that it is unfair that H was removed from the G church pastor in Ulsan-gu F on November 201, 2012, and that H pastors did not leave the G church, and the J pastors newly appointed as the pastors per week and their supporters did not enter the G church.

At around 10:30 on April 5, 2015, the Defendants: (a) set up the J pastor and his supporters entering the G church entrance; (b) set up before the G church entrance, the victim K (n, 61 years old), the supporter of J pastor, and prevented the members supporting H pastor from entering the entrance entrance; (c) Defendant A, in order to take out the damaged person out of the church entrance, string up the shoulder of the victim; and (d) did not want the damaged person out of the entrance; and (e) Defendant C, who was adjacent to the victim, was placed at the right shoulder of the victim; and (e) Defendant B, was placed at the right shoulder of the victim’s clothes such as Defendant A; and (e) used the victim’s right shoulder, sealed the victim’s right shoulder; and Defendant D used the victim’s clothes; and (e) used the damaged person’s knish.

As a result, the Defendants jointly inflicted the injury on the victim by using a so-called dynasium and tension that require two weeks of treatment.

Summary of Evidence

1. Some of the witness K’s legal statement;

1. Application of Acts and subordinate statutes on diagnosis of an injury, and photographs of violence face pictures;

1. Relevant Article 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; and the choice of each fine

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

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

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