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(영문) 서울북부지방법원 2014.04.08 2013고정2933
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by a fine of 400,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 06:00 on February 8, 2013, the Defendant jointly committed an indecent act with C, and around 06:0, the Defendant committed an assault against the victims, such as (i) the victim D (20 years of age), and (ii) the victim E (20 years of age), and (iii) the victim E (20 years of age) in the course of calculating the Defendant’s account, and (ii) the indecent act with C, (ii) the head and face of the victim D on one occasion; (iii) the Defendant her hand took her face at one time; (iv) the head and face of the victim D on one occasion; (v) the head and face of the victim D on one occasion; and (v) the victim E her hand took her hand; and (v) the victim E her face at one time.

Accordingly, the defendant assaulted victims jointly with C.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. Each police suspect interrogation protocol of D or E;

1. Some statements among the police interrogation protocol regarding C;

1. Application of Acts and subordinate statutes to CCTV screen data and CCTV screen data photographs;

1. Article 2 (2) and (1) of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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