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(영문) 서울북부지방법원 2016.06.16 2015고정1856

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

Each sentence for A and B shall be suspended.

Defendant

The prosecution against C is dismissed.

Reasons

Punishment of the crime

Defendant

A and B around 00:30 on April 28, 2015, on the street in front of the "G cafeteria" located in Seoul Special Metropolitan City, Nowon-gu, Seoul. At around 00:30 on the street, and at around the examination of the victim C (31) and the wife of the victim, the victim was in conflict with each other, and the defendant A was in conflict with the victim's body by hand, and the victim's face was tightly pushed back with the victim's body by hand, and the defendant B took part in the victim's face by drinking.

As a result, Defendant A and B assaulted the victim jointly.

Summary of Evidence

1. Each legal statement of the defendant A and B (as at the fifth trial date);

1. Application of the witness C’s statutory statement law

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. Punishment A and B to be suspended: 500,000 won per fine; and

1. Defendant A and B detained in a workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendant A and B of suspended sentence: Article 59(1) of the Criminal Act (as the above Defendants divided their mistakes, they will not commit such crimes in the future.)

The part dismissing the prosecution of the above defendants, including the fact that the injured party does not want the punishment of the above defendants by mutual agreement with the injured party and the injured party does not want the punishment of the above defendants, only two times of fine for the defendant A, only one time of fine for the defendant B, and only one time of fine for the defendant B, and the above defendants' character, behavior and environment are considered).

1. Defendant C, as indicated in the facts charged, committed an assault by the Defendant in his/her hand beyond the victim’s B’s body, on the same date, at the same place as indicated in the facts charged as indicated in the judgment, and on the same grounds as indicated in the facts charged with the victim A (37 tax), the victim B (38 tax) and the victim B (38 tax).

2. Determination: