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(영문) 서울중앙지방법원 2018.02.13 2017고정1926
폭행등
Text

Defendant

A A shall be punished by a fine of 2.5 million won, and Defendant B shall be punished by a fine of 500,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are women relations.

1. The Defendant of Defendant A’s assaulted on May 10, 2017 at the E restaurant located in Jongno-gu Seoul Metropolitan Government Jongno-gu, Seoul around 16:00, and at around 16:00, the reason why Defendant A was unable to engage in meals is known.

“Absing off to employees, etc., without good cause, the victim F (e.g., 55 years of age), who was an employee, committed an assault, such as baling a balking bals, which was baling a balking, to the right chest of the victim F (e.g., 55 years of age).

2. While Defendant A and Defendant B shared assaulted the above F at the above time and place, Defendant A abused the said F and reported the said F to the victim G (the victim G (the 53 years old) who is the president of the said restaurant and sought to go to the restaurant, and Defendant A was able to take the restaurant, and Defendant A was able to take the head of the victim’s head, and Defendant B again fell under the victim’s head, with the victim’s head, and the victim B, with the victim’s head flicked.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness G and H;

1. Each police statement made to G, F, and H;

1. Application of Acts and subordinate statutes to report on investigation (related to joint assault damage by victim G);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 260(1) of the Criminal Act (the point of joint assault) and the choice of each fine

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (elective selection)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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