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(영문) 부산지방법원 동부지원 2012.09.10 2012고정1095

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A shall be punished by a fine of 200,000 won.

Defendant

If A does not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A around 03:40 on April 9, 2012, around 03:0, the damage was made to the victim D (Nam, 19 years of age) on the street in front of the 312-dong, Suwon-gu, Busan apartment house, and the damage was made to the victim's free will of the driver's seat of the EMWF CF car owned by the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Application of the police statement law to D;

1. Article 366 of the Criminal Act and the choice of fines for criminal facts;

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

1. The facts charged as to the violation of the Punishment of Violences, etc. Act (joint violence) against the Defendants on the part dismissing the prosecution of the provisional payment order under Article 334(1) of the Criminal Procedure Act are as follows: Defendant A, around 03:40 on April 9, 2012, at around 03:3:40, Defendant A used the victim D (Nam, 19 years old) in front of the 312-on road in Suwon-gu, Busan Metropolitan City, for a trial and operation of the EMWnccccccccccoo, and Defendant B used the victim's face at one time when the victim resisted the victim's head knife and knife, and assaulted the victim's face at four times on the floor for the above reasons.

The prosecutor prosecuted the above facts charged as a crime of violation of the Punishment of Violence, etc. Act (joint assault). However, in light of the following, it is difficult for the defendants to recognize the intention of joint execution of the above violence among them, and there is no possibility that Defendant A might have made a mistake in the wind of the continuous assault, even though Defendant A made a statement at the investigative agency that he had been assaulted by the Defendants while the Defendants were in the same situation, and it appears that Defendant B might have been assaulted as above.