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(영문) 광주지방법원 순천지원 2013.09.13 2013고단1163

폭력행위등처벌에관한법률위반(공동폭행)

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A The captain and the defendant B are the crew members of D, who are the fish farm management ship.

At around 09:40 on January 8, 2013, when the Defendants were on board D and engaged in the work of cutting off and gathering in the “F Farming Zone (G)” located at E sea, the Defendants expressed that the victim H (53 years of age) thought that the Defendants invaded on their own sea d deck to the other Defendants who were on deck, “domine fe sat.” Defendant A’s bath, and Defendant A took a bath to “the victim ought to do so.” Defendant A was ske the victim’s breath while taking a bath to “the victim,” and Defendant B took a bath to “the victim,” and Defendant B was spited the victim’s spiting and cutting off the spit on deck.”

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the police interrogation protocol to H

1. Relevant Article 2(2) and Article 1 subparag. 1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines, and the selection of fines

1. The defendants of suspended sentence: Article 59 (1) of the Criminal Act (the punishment to be suspended of sentence: Imposition of a fine of 300,000 won (the detention in a workhouse for a period converted to a fine of 50,000 won per day), the defendants reflects the fact that the defendants are going against the victim, the agreement with the victim, and the extent of violence is not excessive);