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(영문) 대전지방법원 2013.07.12 2013고정596

폭행등

Text

Defendants shall be punished by a fine of KRW 300,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

1. Defendant A

A. At around 00:50 on December 11, 2012, the Defendant: (a) took a dispute with the victim’s fat house operated by the victim E (year 34) in Seo-gu Daejeon, Seo-gu, Daejeon on the ground that the victim did not pay wages to B; and (b) took a bath by telephone; and (c) committed assault by bating the victim’s bat with her fat, thereby bating the victim’s bat.

B. The Defendant is insulting.

At the time and place indicated in the port, where employees G, etc. were located for the foregoing reasons, the victim openly insultingd the victim by referring to “unfilled son, bitch son, fluor, fluor,” etc.

C. The defendant, who does not comply with the eviction above.

required to leave from the above victim at the time, place,

Although the Gu received the Gu, it did not go to the above restaurant.

2. Defendant B

A. The Defendant’s insult No. 1

At the time, at the place, where there are employees G, etc. for the foregoing reasons, the victim E and the victim H were sexually insulting the victims by referring to “I am frier, age, frien,” etc. to “I am frien,” etc.

B. The Defendant does not comply with the withdrawal of the Defendant No. 1.

required to leave from the above victim at the time, place,

Although the Gu received the Gu, it did not go to the above restaurant.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police interrogation protocol to E and H

1. Article applicable to criminal facts;

(a) Defendant A: Article 260(1) of the Criminal Act (the point of violence), Article 311 of the Criminal Act (the point of insult), Article 319(2) and Article 319(1) of the Criminal Act (the point of escape);

B. Defendant B: Article 311 of the Criminal Act (a point of insult) and Article 319(2) and (1) of the Criminal Act (a point of non-compliance with expulsion)

1. Articles 40 and 50 of the Criminal Act (Mutual Crimes of Contemption) of the ordinary concurrence (Defendant B);

1. Selection of a fine for negligence;

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

1. Articles 70 and 70 of the Criminal Code for the Detention in Labor House (Defendants).