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(영문) 서울중앙지방법원 2019.07.24 2018고단7689

폭력행위등처벌에관한법률위반(공동폭행)

Text

1. Defendant A shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive, the above sentence shall be executed.

Reasons

Punishment of the crime

1. On February 25, 2009, Defendant A received a fine of one million won as a crime of causing property damage at the Seoul Central District Court on December 23, 2009, a fine of seven hundred thousand won as a crime of assault at the Seoul Central District Court on December 23, 2009, and on May 19, 2010, the Seoul Central District Court sentenced two years of suspension of execution to eight years of imprisonment as a crime of obstructing performance of official duties. On July 16, 2010, Defendant A was sentenced to a fine of five hundred thousand won as a crime of assault at the Seoul Central District Court on May 11, 201, a fine of five hundred million won as a crime of injuring at the Seoul Central District Court on May 18, 2012, and the Seoul Central District Court on June 8, 2012 to a fine of seven hundred thousand won as a crime of assault at the Seoul Central District Court on June 31, 2013.

2. The Defendants of criminal acts, around 01:00 on July 27, 2018, were waiting for a taxi for returning home at the front of the exit No. 3 5 Stationed in Jongno-gu Seoul, Jongno-gu, Seoul (Seoul), and Defendant A stopped the D taxi driven by the victim C (the age of 50) who was passing the seat, and was on the front line, and went to the front line. However, the victim said that “this cab is the Incheon si and the present si is the length to get a guest aboard, and the si si si si si si is a bad state.”

At this time, Defendant A set off the driver’s seat in order to close the door because he did not leave the taxi and close the steering door, Defendant A was sleeped with the victim by cating the fat, and Defendant B also slicked with the fat of the victim, and Defendant B was also slicked with the fat of the victim’s bat, and the head was slicked with his hand, and the fat was carried out by hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Investigative Report (related to the submission of a victim's diagnosis report);