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(영문) 서울북부지방법원 2017.11.24 2017고단3123
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine.

Reasons

Punishment of the crime

On April 10, 2017, at around 01:20, the Defendants committed assault against the Defendants, such as: (a) the victim E (33) who was on the other table c in Dongdaemun-gu Seoul, with meals inside the food store “D cafeteria”; (b) the Defendants: (c) the victim E, who was on the other table c (333) c; (d) the victim E, was sprinked by sprinking the victim E’s bat; (c) the victim E, sphering the bat; and (d) sphering the eth of the victim F (35 years old); and (d) the Defendant B committed assault, such as sphering the victim E’s bat, sphering the bat; and (e) sphering the victim’s bat.

Accordingly, the defendants jointly assaulted victims.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes governing CCTV images CDs at D cafeterias;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act regarding the crime, each of the choice of punishment, Article 2(2)1 of the Criminal Act, Article 260(1) of the Criminal Act (the point of joint violence) and Article 260(1) of the Criminal Act, the imprisonment with prison labor for the defendant A, and the

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Order to attend a lecture or order to provide community service (defendant A) under Article 62-2 of the Criminal Act;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the crime of this case was not less complicated, and the facts and contents of the crime of this case committed several times due to violent crimes, etc., Defendant A was sentenced to a suspended sentence of ten months for a crime of violence, and the above judgment was finalized on June 12, 2015, and committed the crime of this case without being aware of it during the suspended sentence. Meanwhile, the defendants led to the confession and rebuttal of the crime of this case, and the alcohol at the time.

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