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(영문) 서울동부지방법원 2016.05.24 2016고정301

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

B and C resolved that the victims E (21) and the victim F (20 years) parked the vehicle in front of the passenger with the “D” string of the society as the aftermath of the society, and that it would interfere with the operation of the tobacco due to the difficulty of smoking, and that the victims shall exercise violence against the victims.

At around 01:40 on September 6, 2015, the Defendant instructed B and C to attract victims from the vehicle, on the ground that the victims parked a car in front of the head of the Dong-gu Seoul Metropolitan Government, and spits tobacco spiting the Defendant’s daily operation that he was seated in the test and spit away the cigarette butts.

B and C shall be discarded to the victims who were on board the car in the car of Kannk.

If the vehicle is not unloaded from the vehicle, the vehicle and the Hand Hand shall be discarded.

Chewing felel, she has been sent;

Bagor, Magor,

The defendant may kill fakes "(b)", and B takes action to catch balbbage and drink the F of the above victim F, and the defendant takes action to the victims "Issss under whom they will do,"

In other words, this diversary theory that "I will throw away from the death of Ign in this Dong," and the victim E's head debt and divided it into the floor.

Accordingly, the defendant, B, and C assaulted victims jointly.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of each police suspect against the accused, B, or C;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;