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(영문) 서울동부지방법원 2013.04.17 2012고정2911
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A, B, and C are those engaged in real estate business, and there has been disputes in the process of selling the victim E (Nam, 43 years old) and the F apartment 16 units in Gwangjin-gu Seoul Special Metropolitan City.

At around 15:00 on May 17, 2012, the Defendants: (a) pushed the victim who demanded the withdrawal of the Defendants from the F Building 101 Dong202, Gwangjin-gu, Seoul Special Metropolitan City F Building 101-202; and (b) then pushed the victim’s bat around the above bat, Defendant C was tightly pushed the victim’s bat with his hand and pushed the victim’s bat, and 2-3 times the victim’s face with his hand.

Defendant

A, B은 이에 합세하여, 피고인 A는 발로 피해자의 정강이를 수회 걷어찼고, 피고인 B은 피해자의 얼굴에 침을 뱉고, 발로 피해자의 배, 정강이 등을 수회 걷어찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Each legal statement of witness E and G;

1. Application of statutes on photographs of damage;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (elective of fines) shall apply to the Defendants of the relevant criminal facts and the choice of punishment;

1. Defendants to be detained in a workhouse: Articles 70 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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