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(영문) 서울남부지방법원 2020.05.14 2019고단6190
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of 500,000 won, and a fine of 300,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants are the members of Gangseo-gu Seoul Metropolitan Council, who are members of the Emergency Countermeasure Committee opposing E, who are the members of the said Committee, and the victim F (39 years of age) is the father company with whom E is employed.

From May 19, 2017, the Defendants, along with G, H, I, and J, which are members of the Emergency Countermeasure Committee, enter the victim F, who is proceeding with the said church at the second floor of the said church, from the lecture room, on May 19, 2017, with the victim F, who is going to do so. G, with the victim in the lecture room, she takes the victim's buck belt and body with the victim's bucks. H, after the victim's bucks, she must take the victim's bucks from the back to bucks, she must take the victim's body in two arms, she takes off the victim's left hand, she was pushed off, and Defendant A bucked into the victim's shoulder and dum, and Defendant B took the victim's right bucks to the right of the victim with 1bucks.

Accordingly, the Defendants assaulted the victim jointly with G, H, I, and J.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to K of the police statement statement;

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

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

1. Article 62(1) of the Criminal Act provides that there is no previous conviction in addition to a fine imposed on one occasion. In particular, Defendant A’s previous conviction was punished for the same day as the instant crime, and the instant crime was committed within the church. It is so decided as per Disposition for the following reasons: (a) the instant crime was committed in dispute within the church; (b) the subsequent dispute was resolved smoothly; (c) the agreement with the victim was reached; and (d) the violation was committed.

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