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(영문) 의정부지방법원 2016.09.08 2016고정1303

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by each fine of KRW 700,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. On December 24, 2015, the Defendants of joint assaulted around 20:20 on December 24, 2015, 2015, expressed a desire to call for KRW 30,000 at the victim E (26 years of age) who is an employee, to call for KRW 30,000 at the rate of 30,000.

Accordingly, Defendant A: (a) carried the victim’s timber, which explains the situation in which he is bound to receive money, by hand, was pushed down with the victim’s seat; and (b) carried the victim’s timber with the body re-tighted with the wall; and (c) Defendant B was pushed down with the victim’s flap with the flaps.

Accordingly, the Defendants jointly assaulted the victim.

2. On December 24, 2015, the Defendants of joint assaulted around 20:25, on board an elevator at around December 24, 2015, the victim E, who was in front of the “Dreing”, was on board the elevator.

Defendant

A has taken the victim's her kick with her hand on the elevator, and the defendant B also taken the victim's kick with her hand on the part of the victim.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police for E;

1. AF statement;

1. Investigation report (the conclusion on the verification of CCTV images, the omission of verification, and the case);

1. Application of the video image-related Acts and subordinate statutes to the victim's photographs verified by the police officer in mobilization;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of each fine for a crime;

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

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;