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(영문) 인천지방법원 2015.02.13 2014고정4468
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On October 1, 2014, Defendant A, who violated the Punishment of Violences, etc. Act (joint violence) said that, at around 00:12, Defendant A, while drinking alcohol with Defendant B, he heard that the victims were able to talk about the Marine Corps while drinking alcohol within the E-state located in Nam-gu Incheon Metropolitan City, Nam-gu, in a voice that the victims could hear. As such, Defendant A said that “it is difficult for the victims to select and appoint. The motive must die and throw away.”

Accordingly, the victim F (ma, 31 years of age) was flick, but the defendant A flicked with the flick of the victim F, and the victim Flicked with the hand floor, and the defendant B flicked the flick of the victim Flick with the defendant A.

Accordingly, the Defendants jointly assaulted the Victim F.

2. Violence;

A. Defendant A prevented the victim G (ma, 32 years of age) from committing an assault, such as paragraph 1, at the time, place, and at the time and place described in paragraph 1, the victim G (ma, 32 years of age). Defendant A saw the victim G's spacl with the victim G as the floor

B. Defendant A assaulted the victim G, such as spiting spits, etc. on the victim G face while the dispute is terminated by police officers dispatched after receiving a report on the date, place, and 112 as stated in paragraph (1).

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

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

1. Application of Acts and subordinate statutes to photographs of damaged victims, etc.;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply), Article 260(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201); Article 260(1) of the Criminal Act

B. Defendant B: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act provides that the Defendants shall spawn or spathize spats that the Defendants were fleeped to defend the victims from danger and injury on October 1, 2014.

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