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(영문) 서울중앙지방법원 2018.04.23 2017고합1309

폭력행위등처벌에관한법률위반(공동폭행)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant and four persons, including the Defendant and C (hereinafter referred to as “C”), D (D, hereinafter referred to as “D”), and name-free boxes (E; hereinafter referred to as “E”), are working on the part of the Defendant with the Russian nationality. Three persons, including the Victim F (F, 20 years of age; hereinafter referred to as “F”), Victim G (G, 21 years of age; hereinafter referred to as “G”), H (H, 20 years of age; hereinafter referred to as “H”), are working on the part of the victim with the Russian nationality.

Around 04:00 on July 24, 2017, the Defendant and his/her behavior are divided into talks with the victim G, and the victim G, who had drinking alcohol at the event of the J's outer wall located in Jung-gu Seoul, Jung-gu, Seoul, about July 24, 2017, when the Defendant and his/her drinking together with H. The victim G had a unique repair dancing (unpersian traditional dancing) and the Defendant reported the victim G that “I are not dancing but bottled,” and the Defendant was a scambling so that the victim G can walk up with the victim’s face, etc., and D, in his/her hand, took a less part of the victim’s G, followed by the Defendant, D, and E drinking.

H was made several times.

계속하여 피고인과 그 일행은 같은 날 04:25 경 서울 중구 광희 동 1가 188-10에 있는 광희 동 공중 화장실 앞길로 H을 데리고 위와 같은 폭력행위를 피해 도망하던 피해자 G를 따라 이동한 후, 피해자 G의 도움 요청을 받은 피해자 F가 위 장소로 달려오는 것을 보고 피고인과 E는 H의 얼굴 등을 주먹 등으로 수회 때리고, 위 장소에 도착한 피해자 F가 피해자 G와 함께 D를 때리자 피고인과 E는 주먹과 발로 피해자 G와 피해자 F를 수회 때리고, D는 주먹으로 피해자 F를 수회 때리고, C은 발로 피해자 F를 2회 걷어찼다.

As a result, the defendant jointly with C, D, and E, caused the victim F to be able to know the number of days of treatment, and assaulted the victim G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement (an interpretation protocol) with H and F, and the police statement with K.