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(영문) 서울서부지방법원 2016.06.02 2015고정1306

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 26, 2015, around 05:30 on the front side of Eunpyeong-gu Seoul Metropolitan Government, the Defendant stated the victim as E in the facts charged of the ownership of the victim’s Buddhist wounded who was parked in the process of a dispute between E and having given his her her her e-ray E, while the Defendant stated the victim as E, it is a vehicle with E’s e-ray.

After the right side of the F AW test, the vehicle was damaged by walking the scam to the scam.

2. The Defendant, at the same time and time as in the preceding paragraph, in the course of a dispute with the victim E (22 years) in relation to the order of the A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

Accordingly, the defendant committed violence to the victim jointly with G.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the witness E’s legal statement statutes;

1. Relevant Article 366 of the Criminal Act regarding facts constituting an offense, the choice of a sentence, Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (the occupation of joint assault) and the choice of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act, which is the order of provisional payment;

1. On January 26, 2015, at around 05:30, the Defendant: (a) destroyed the part of the charge of innocence by inserting cigarette butts on the part of the JB BW car sets (BMW) owned by the victim C, which was parked at the same place; and (b) spits or spits at the part of the intersection of the JBW car (BMW); and (c) thereby destroying the part of the damaged vehicle’s vehicle’s truck to cover KRW 3,941,568, by launchinging the part of the charge in the course of a trial with the victim’s resistance.

2. Determination

A. As evidence of this part of the facts charged, the witness C’s legal statement, C’s damaged photograph, etc.