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(영문) 서울남부지방법원 2015.12.23 2015고정2248
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B around 14:30 on July 24, 2015, the branch offices of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu 8-ro 14, and the Korea Racing Association of Yeongdeungpo-gu, the Korea Racing Association of the Korea Racing Association of the first floor, hearing the horses that the victim C (the age of 54) could not enter without an admission ticket, or the victim D (the age of 54) who met the horses dispute with the victim C, sealed the chest of the victim D (the age of 54) who met it by hand. While the defendant B and the victims paid the time, the defendant was sleeped by the moment and pushed the victim D's chest and the part of the victim D's chest and the part of the victim was pushed back to the left hand, and the defendant B committed assault with the victim's back as his hand.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of C and D;

1. Application of investigation reports (CCTV verification), CD-related Acts and subordinate statutes to crimes;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act shall apply to the defendants who choose to commit a crime;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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