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(영문) 서울서부지방법원 2015.11.12 2015고단1799

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A A shall be punished by a fine of one million won and by imprisonment of six months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On March 29, 2015, Defendant A, at the Eju store located in Yongsan-gu Seoul Metropolitan Government, brought a dispute on the grounds that he danced and faced with the body of the victim F, and Defendant A expressed that “I will drink with the victim F,” Defendant A would be able to take part in F’s face by taking part in “I will drink with drinking if I would drink.” The victim’s chest part is pushed back one time by hand, while continuing to go outside the club, and dispute with F, and the victim B would be able to take part in it, and the victim B took part in it.

Accordingly, Defendant A assaulted Victim F, and assaulted Victim B in conjunction with G.

2. On March 29, 2015, Defendant B suffered an assault from the victim G of the daily pedagog in the process of concluding the dispute between Defendant B and A on March 29, 2015, Defendant B suffered an injury, such as a flaging of the right flag for six weeks to the victim in the event that he was aware of the assault from the victim G of the daily pedagog in drinking.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol concerning Defendants and G

1. The police statement concerning F;

1. A written diagnosis of injury;

1. Application of each statute on photographs of damage;

1. Article applicable to criminal facts;

(a) Defendant A: Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (the point of joint violence, the selection of fines), and Article 260(1) of the Criminal Act (the point of violence and the selection of fines);

B. Defendant B: Article 257(1) of the Criminal Act

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) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) are as follows: (a) the conditions of sentencing specified in the pleadings of the instant case, including the Defendants’ age, character and conduct, and environment; and (b) the recommended sentences specified in the sentencing guidelines are determined by comprehensively taking account of the following circumstances.

The Defendants are the defendants.