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(영문) 부산지방법원 2016.04.20 2016고정770
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On May 9, 2015, the Defendant, at around 04:00, had performed D and alcohol at the third floor of C located in Busan Jin-gu, Busan, on May 9, 2015.

The Defendant, who was in a vision with E, F, and G driving, was boomed with the breath of the victim E (20 taxes), was scambling the victim’s face with his hand, scaming the victim’s face, making the victim F (20 taxes) blick, and flicked the victim’s face of the victim’s G (19 years old) one time as a drinking. Accordingly, the Defendant assaulted the victims jointly with D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to D, E, F, and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph attached), investigation report (CCTV accompanying images);

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 concerning criminal facts (elective of fines)

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

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

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

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