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(영문) 서울남부지방법원 2013.08.27 2013고정2248

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 400,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are working, and Victim C is a proxy driver.

At around 22:00 on April 30, 2013, the Defendants: (a) 22:00, the victim was driving the E vehicle used by Defendant B in the front of Guro-gu Seoul Metropolitan Government on behalf of the victim and scheduled destination; (b) the Defendant A, who was called “the victim to gather the new forest road”, called “the victim’s agent is coming off without knowing the road, getting off from the train”; (c) the victim’s breath was flading the breath, and flading the breath of the victim’s breath, and the Defendant B also committed an assault to flad the victim’s breath, and flad the victim’s breath with his hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to investigation reports (ctv investigation);

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Articles 2 (1) and 260 (1) of the same Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;