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(영문) 광주지방법원 2015.03.12 2014고정2333
폭력행위등처벌에관한법률위반(공동폭행)
Text

[Defendant A] Defendant A shall be punished by a fine of KRW 1,000,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

On October 30, 2014, at around 04:30, the Defendants: (a) sought again the victim E (Nam, 19 years of age) and F (year 18 years of age) who fighting in the main place in Gwangju Northern-gu; (b) sought and resisted the face of the victim E on his hand; (c) Defendant B took the face of the victim E on his hand; and (d) Defendant A took the face of the victim E on his hand by taking the head of the victim F on his hand.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement of the police suspect interrogation protocol of the Defendants and E

1. Each statement of the F;

1. Report on occurrence of a crime;

1. Application of statutes on photographs of damage;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act

1. The Defendants who choose the punishment: The choice of a fine (including the fact that the Defendants agreed with the victim E and the Defendant only smoothly to the effect that the said victim does not want the punishment of the Defendants)

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in the workhouse: It is so decided as per Disposition by the assent of all participating Justices on the grounds of Articles 70(1) and 69(2) of the Criminal Act.

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