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(영문) 인천지방법원 2016.12.02 2016고정1314 (1)
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

And C, D, E, and F are the owners and employees of the Gwa Holdings, and the victims I, the representative director of the said wa Holdings, and the victims J, their employees, are the victims of the joint ownership shares, and the defendants, etc. are the persons who have civil and criminal disputes over the operation rights of the said wa Holdings.

Defendant

On November 21, 2015, C, D, E, and F jointly carried out, around 13:18, 2015, within the reservation room for the second floor of the Gwa Holdings L in Nam-gu Incheon Metropolitan City, the victim I (n, 25 years of age) and the victim J (n, 37 years of age) enter the front of the victims of the defect, prevent the victims of the defect, and C by hand, by pushing the victim I's body and booming the victim's left arm's body and booming it back, pl up, pl up, and shouldered the damages to the victim's body and left arms, and boomed the victim's body and handphone.

In addition, D's body is pushed the victim I's body by hand, E faces the victim I's body by body, F is forced to close the door and put the victim I's body out, and A goes beyond the victim I's bank and the lower part.

Accordingly, the defendant et al. assaulted the victims jointly.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness I and J;

1. On-site reports;

1. Suspect J grandchildren photographs, and CCTV photographs submitted by I on the part of the suspect;

1. Application of CCTV image Acts and subordinate statutes;

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

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

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

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