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(영문) 서울남부지방법원 2013.08.13 2013고정87

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

B, C, and D shall be punished by a fine of KRW 700,000.

Defendant

B, C, and D fail to pay the above fine.

Reasons

Punishment of the crime

Defendant

B, C, and D, around 23:00 on September 28, 2012, when Defendant C suffers from the victim H, victim I(38 years of age), and victim J(34 years of age) on the ground that Defendant C was faced with shoulders with the victim H(38 years of age) while walking along the way before G cafeteria located in Guro-gu Seoul Metropolitan City, Guro-gu. B, C, and D met with the victim's body.

Accordingly, Defendant B, C, and D assaulted victims jointly.

Summary of Evidence

1. Each legal statement of the defendant B, C, and D (as of the second trial date);

1. Each legal statement of the witness J and I;

1. Application of Acts and subordinate statutes to each police interrogation protocol against H, I, and J;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, and selection of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

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

1. The summary of the facts charged was around September 28, 2012, Defendant A met with the victim H, victim I (38 years of age), and victim J(34 years of age) on the ground that the victim H, victim I (38 years of age), and the victim J(34 years of age) were assaulted on the road in front of the G cafeteria located in the Guro-gu Seoul Metropolitan GovernmentF on September 28, 2012.

Accordingly, Defendant A assaulted victims jointly with B, C, and D.

2. In light of the following circumstances acknowledged by the records of the instant case, namely, D, and C stated by the investigative agency that it was not accurate memory as to whether Defendant A assaulted the victims in collaboration with B, C, and D up to this Court, the victim J, I, and I were at night at this time in this court, and they stated that Defendant A did not memory as to whether there was assaulted by the victims since there was no yellow dust.