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(영문) 서울중앙지방법원 2017.08.18 2017고정1943

폭행

Text

Defendant

C shall be punished by a fine of 500,000 won.

Defendant

Each sentence for A and B shall be suspended.

Defendant

C above.

Reasons

Punishment of the crime

1. Defendant A

A. On October 23, 2016, at around 11:15, the Defendant used the “F church” square located in Seocho-gu Seoul, Seocho-gu, Seoul, to refrain from photographing the victim G (the remaining, 35 years old), using the Handphone, and used the Handphone to take the victim’s image, and assaulted the victim’s body by taking the victim’s body in a way that the victim was able to sat down and sat down with the victim’s satch with his hand while having carried the satch.

B. In the same time and place as the preceding paragraph, the Defendant damaged the victim’s bank by cutting off the bank that the victim was faced with as well as getting off the bank at the same time and place.

2. On October 23, 2016, around 11:15, Defendant B, at the “F church” plaza located in Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government, he prevented the victim G ( South and the age of 35) from taking a signature campaign opposing the victim’s demonstration using Handphones, and used the victim’s body as a video image, and assaulted the victim’s body by his hand while having carried a ditch.

3. On October 23, 2016, at around 11:15, Defendant C, at the “F church” plaza located in Seocho-gu Seoul Metropolitan Government, prevented the victim G ( South and the age of 35) from taking a signature campaign opposing the victim’s demonstration using handphones, and used the victim’s body as a video image, and assaulted the victim’s body by hand while having carried a fluor.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of G to the prosecution;

1. Application of Acts and subordinate statutes concerning investigation reports (G submitted images) (Defendant A);

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 366 of the Criminal Act (the point of damage to property) and the selection of fines for a crime;

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. Fine of 700,000 won to be suspended; and

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Sentence (the Defendant has no same record of force, and the background leading to the instant crime, before and after the commission thereof).