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(영문) 서울중앙지방법원 2018.12.06 2018고정499

폭행

Text

Defendant

A A shall be punished by a fine of 300,000 won, by a fine of 300,000 won, and by a fine of 50,000 won, respectively.

Reasons

Punishment of the crime

Defendants are those who support the F church G pastor in Gangnam-gu Seoul and victims H (the age of 57) are those who are in the opposite position.

1. On June 11, 2017, Defendant A: (a) around 08:30 on June 11, 201, on the ground that a person who was before the F church located in Gangnam-gu Seoul, opposed to the Defendant’s husband’s G colon who was the husband of the Defendant, and took a fluent situation at the time, Defendant A committed an assault by setting up his cell phone used by the victim in his/her hand to take away his/her cell phone; and (b) by forceing the victim’s neck that he/she tried to recover

2. Defendant B: (a) intending to recover a cell phone from A at the time and place set forth in paragraph (1) of this Article, the victim satisfed in front of the victim’s face; and (b) assaulted the victim’s head back by continuing to satisf.

3. Defendant C committed an assault against the victim’s et al. by force after the victim’s right to remain a mobile phone from A at the time and place set forth in paragraph (1). Defendant C committed an assault by force against the victim’s et al. by force.

Summary of Evidence

1. The Defendants’ respective legal statements

1. The legal statement of the witness H in part;

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with H;

1. Investigation report (related to the analysis of dynamic images submitted by the complainant), investigation report (verification of video files and examination of suspects' suspicion);

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a punishment);

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

1. Article 334(1) of the Criminal Procedure Act (amended by the evidence duly adopted and investigated by this Court) of the Criminal Procedure Act (hereinafter “A”) provides that when the injured person photographs dynamic images using a cell phone, Defendant A took the victim’s cell phone, and Defendant B took the victim’s cell phone, and the injured person sought to return the cell phone.