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(영문) 서울동부지방법원 2014.01.15 2013고정210

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

On September 24, 2012, the Defendant, while crossing the crosswalk in front of Songpa-gu Seoul Metropolitan Government on September 24, 2012, expressed the victim’s bath on the ground that the taxi driven by the victim D (the age of 56) was stopped above the stop line and stopped near the crosswalk, and the victim’s coffee was injected down on the string of the string of the string of the taxi.

Therefore, when the victim who was suffering from francing at the taxi, the defendant franced the victim by taking the victim's left hand and francing it on the vehicle.

Summary of Evidence

1. Partial statement of witness D;

1. Application of Acts and subordinate statutes to make some statements concerning the police suspect interrogation protocol regarding E;

1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The part not guilty of Article 334 (1) of the Criminal Procedure Act (whether to recognize joint violence) of the provisional payment order;

1. On September 24, 2012, the Defendant and E, while crossing the crosswalk in front of Songpa-gu Seoul Metropolitan Government on September 24, 2012, expressed the victim’s desire together on the ground that the taxi driven by the victim D (the age of 56) was parked above the stop line and stopped near the crosswalk, and in particular, the Defendant injected the coffee on the string line of the victim’s taxi.

Therefore, when the victim who was suffering from the franchis the defendant and E, called "I see why he will do so and spawn it on the vehicle," the defendant gets off the victim's left hand and gets off the victim's franchis, and E gets off the victim's franchis and buckbbbbbs.

In this way, the defendant and E assault jointly the victim.

2. Determination

A. "At least two persons" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship among them, and several persons are aware of the crimes committed by other persons at the same time and by using them.