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(영문) 수원지방법원 평택지원 2015.04.30 2015고정180

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

1. Defendant A

A. On November 1, 2014 through December 06, 2014, the Defendant embezzled one resident registration certificate in the name of Pyeongtaek-si that was lost by the victim C (the victim 20 years of age and South) on the street of Pyeongtaek-si (hereinafter referred to as Pyeongtaek-si) but did not take necessary procedures, such as returning it to the victim, and embezzled his thought he had.

B. At around 05:10 on December 6, 2014, the Defendant: (a) received a demand from F, a convenience store, to present an identification card; (b) presented C’s resident registration certificate under the name of Pyeongtaek-si, an official document in possession, as his/her identification mark, to the extent that he/she was trying to purchase tobacco within the E-store located in Pyeongtaek-si; and (c) presented C’s resident registration certificate under the name of Pyeongtaek-si, an official document in possession, as his

2. On December 6, 2014, at around 05:20, Defendant A and B jointly with G, when the shoulder was faced in front of the E convenience store located in Pyeongtaek-si D, and the Defendant A demanded the company to go off. In that sense, Defendant A assaulted the victim H (19 years of age and south) head by drinking, and Defendant A assaulted Defendant A at a time when she was faced with her head, and she was frighted with her head at a time when she was faced with her head, and her head at a time when she was faced with her head. B used her head at a price at a time of drinking.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the examination of suspect of G;

1. Statement of each police statement regarding C;

1. A H statement;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendants: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act (the point of joint assault)

B. Defendant A: Article 230 of the Criminal Act (Unlawful Exercise of Official Document) and Article 360(1) of the Criminal Act (the point of Embezzlement of Lost Articles)

(c) Selection of punishment: Selection of fines;

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

1. Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act for the detention of a workhouse;

1. The punishment to be suspended under Article 59 (1) of the Criminal Act: each of the suspended sentence;