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(영문) 인천지방법원 2013.07.19 2013고정1702

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a man of the Tropical marmphal wave, which is a violence organization in Incheon region, and F is a person who has a prone to lead as the defendant's friendship.

G, H, I, and J are the offenders of L Taekwondo Chapter in Nam-gu Incheon Metropolitan City.

On July 6, 2010, at around 04:35, the Defendant: (a) requested a victim G (22 years of age) to return his/her match to the victim G while talking with a middle student who was unable to know his/her name due to alcohol together with F; (b) on July 6, 2010, F said that “I would have caused the loss of fish, clothes, and inducement of riot” to the victim G; and (c) on his/her hand, when the victim G was able to write the victim’s face with his/her head by making a flabing the flab with his/her head.”

The Defendant, along with the Victim J(19) and H, exercised violence against F in opposition to the above violent events of the victim G, who is his/her daily behavior, when the victim G and I (20 years old) face of the victim I (20 years old), were able to take the face of the victim G and the victim I (20 years old) gradually, and F was able to take the face of the victim G by drinking together with it.

As a result, the Defendant assaulted the Victim G, J and I in cooperation with F, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police interrogation protocol to G, J and I

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines for crimes;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.