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(영문) 서울남부지방법원 2017.12.21 2017고정1335

폭력행위등처벌에관한법률위반(공동폭행)

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B and Defendant A are married couple, and Defendant D and E are married couple, and Victim F (31) are married with Defendant B, and Victim G(32) is in the process of the above-mentioned B and A’s divorce lawsuit, and Victim G(32) is women’s wife.

around 17:30 on April 14, 2017, the Defendants discovered the fact that the above F and G are traveling along to Jeju Island with the second floor of the domestic office building located in the Gangseo-gu Seoul Metropolitan Government 112 Kim Mapo-ro, 112 Kim Mapo-ro, and that they are traveling along to Jeju Island and the second floor of the air base, and found the following victims as the Defendant A was satch with D and E, and Defendant B was satching the floth of the above F, Defendant B was sat down, Defendant B was sat down the clothes and head of the G, and the bags with the above F, and D was dried up with the above G and F’s clothes, and E was fed up.

Accordingly, the Defendants assaulted the Victim F in collaboration with D and E, and Defendant B assaulted the Victim G in collaboration with D.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness F and G;

1. Each police statement concerning G and F;

1. Application of CCTV-related Acts and subordinate statutes;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(2)1 of the Criminal Act, the selection of fines

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act [The suspended sentence: the Defendants’ respective fines of KRW 500,000 per day, detention in a workhouse of KRW 100,000 per day, the Defendants’ victim F, who is the fraud, knew that they were traveling to Jeju-do along with women, has committed a crime; there are circumstances to consider the circumstances; Defendant A recognized the crime and commits the mistake; Defendant B reflects the acknowledgement of the crime; Defendant B’s primary crime)