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(영문) 서울중앙지방법원 2018.10.11 2018고정1150

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.00,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On February 1, 2018, at around 20:36, the Defendants sought from the victim F (the 25-year old age), under the influence of alcohol in front of Gwanak-gu in Seoul Special Metropolitan City, and sought from the victim due to Defendant A’s appearance, Defendant A’s desire to resist. Defendant A, at the place where many unspecified people observe, “two years, to the end of the year,” and Defendant B, “the two years, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year,” and to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the end of the year, to the victim’s shoulder and the upper end of the year, to the end of the year.

Accordingly, the Defendants jointly assaulted the victim and insultd the victim publicly.

Summary of Evidence

1. Each legal statement of F, G, and H;

1. Each police statement made to F and G;

1. Each statement of F, G and H;

1. Complaint;

1. A criminal investigation report (CCTV counterpart investigation);

1. CCTV CDs (the victim made a concrete statement as to the circumstances at the time of the instant case to the effect that he/she was assaulted and insulting as stated in the facts constituting a crime from the investigative agency to this court, and there is no objective circumstance to suspect the credibility of each of the above statements, instead of witness G, investigative agency of H and this court. There is no other objective circumstance to suspect the credibility of each of the above statements.

Application of Statutes

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 311 of the Criminal Act, the selection of each fine for the crime;

1. Defendants who aggravated concurrent crimes: the former part of Article 37 of the Criminal Code; and