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(영문) 부산지방법원 2014.08.14 2013고정5405

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around 02:00 on July 5, 2013, the Defendant and C jointly expressed that “E” located in Busan Shodong-gu, Busan, and that the victim F (the victim F (the age of 47) was fleded after the Defendant et al., and the Defendant et al. said that “I would not see why I would go against fighting. I will go to go to the witness. I will go to go to the fighting.” The Defendant and C expressed the victim’s desire to read “I will go to go to go to the fighting. I will go to go to go to the fighting.” At the same time, I pushed down the victim’s breath, boomed the victim’s breath, and boomed the victim’s fat even after the police officer reported 112 was called.

2. The Defendant and C conspired in collusion with the Defendant to ask 112 reported in accordance with the assault case described in the above paragraph (1) to “Iskman’s Haskman’s Haskman’s Haskman’s Haskman’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hasker’s Hask, and to arrest Hask as a crime of assault, and the Defendant and C interfered with the legitimate performance of duties by assaulting the police officer’s Hasker’s Ha, J, K’s Hasker’s Hasker’s mon’s Has.”

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of the witness J;

1. Each legal statement of witness F, K, C, and L;

1. Application of Acts and subordinate statutes to police statements made to F and K;

1. Article 2(2) and (1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260(1) of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; and selection of fines for negligence

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;