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(영문) 서울북부지방법원 2012.11.22 2012고정648
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 10:00 on August 3, 201, in the vicinity of the Nowon Police Station located in the Nowon-gu, Seoul Special Metropolitan City, the Defendant brought about 4 mountain ginseng roots to the victim C (the 59-year-old-old-old-gu) who gleeped the mountain ginseng, and then changed 2 mountain roots, his share, but if the victim refused, the Defendant destroyed the mountain ginseng 4 roots that cannot be seen as the market price by the victim’s ownership.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on Partial Statement of Witness C to the Law

1. Article 366 of the Criminal Act applicable to the crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. On August 4, 201, at around 16:00 on August 4, 201, the Defendant, along with his/her father, son, son, and E, told the Victim C, G, and H about whether the mountain ginseng sold to the Victim C, G, and H in the F restaurant in Jung-gu Seoul, Jung-gu, Seoul, was in dispute, and the Defendant, on his/her hand, her hand, knifeed the Victim at one time, and knifeed, knifeed, D, and E together with the victim, thereby preventing the occurrence of such dispute.

Accordingly, the defendant assaulted the victim jointly with D and E.

2. On August 4, 2011, at around 16:00 on August 4, 201, Defendant, D, and E meta with a drinking face from Defendant 1, D, and E, who was assaulted by Defendant, D, and E.

In light of the fact that “A” made a statement to the purport that the circumstances were consistent with G, H’s statements, and that C appears not to have made a statement to the police officer dispatched at the time, etc. from the Defendant, etc., it is insufficient to recognize this part of the charges solely on the basis of the witness C, G, and H’s respective legal statements, etc. consistent with the facts charged, and there is no other evidence to acknowledge this.

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