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(영문) 서울동부지방법원 2015.04.08 2014고정1716
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

C The driver and the defendant of the “D” vehicle are the same passengers, and the victim E (the age of 49) is the driver of the “F” vehicle.

Around 11:20 on February 13, 2014, the Defendant and C meta in the front of the Gwangjin-gu Seoul Special Metropolitan City, while the victim received the said “D” vehicle and divided the conversation with the victim, C met the face of the victim by drinking, and the Defendant, as soon as possible, followed up three times the victim’s bridge and walk up the bridge.

Accordingly, the defendant and C jointly assaulted the victim.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement made by witnesses E in the third protocol of the trial;

1. Partial statement made by C of a witness in the third protocol of trial;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to traffic accident reports and reports on occurrence of traffic accidents;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the Selection of Punishment of Violences, etc.;

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Although the summary of the assertion C has assaulted the victim, the defendant did not have assaulted the victim.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence submitted to the court and duly admitted, the Defendant’s assertion that he/she committed an assault with C is not acceptable.

A. The victim is relatively consistent and specific from the investigative agency to the court of this case regarding the background of the instant crime, the method of assaulting C and the Defendant, and the circumstances after the commission of the crime.

B. However, in this Court, the victim stated to the effect that he/she had his/her face at the time of his/her face, and that he/she would not accurately memory his/her bridge, but at least one person made his/her face at the time of his/her face, and that another person took the bridge.

(b).

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