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(영문) 부산지방법원 2015.01.29 2014고단9255
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

The Defendants were security guards affiliated with the S Security Service Corporation, the main duty of which is the security service business, and were in charge of the guard duty in the E clubs located in Busan-gu, Busan-gu.

1. On June 29, 2014, Defendants in violation of the Punishment of Violences, etc. Act (joint injury) were frightened within the above E club, and Defendant A was frightening to the Defendants by avoiding the drinking value without calculating the drinking value. Defendant A sold the victim’s neck, knee’s legs, knee’s knee’s knee, face, etc.; Defendant B was frightd with the victim’s body and frighted on the floor; Defendant B continuously fright the victim’s body; Defendant A was frightd with the victim’s body, and Defendant A was frightened for approximately eight weeks in need of medical treatment when the victim was able to take advantage of the victim’s side fright, etc. with drinking and growth, and the victim’s body was frightened for approximately four weeks in need of medical treatment, and the victim’s body was frighte in need of medical treatment.

As a result, the Defendants jointly assaulted the victim and inflicted an injury on the victim.

2. Any security guard who has violated the Security Services Industry Act shall be prohibited from performing acts deviating from the scope of his security service duties, such as exerting authority over others or exercising physical power;

Nevertheless, the Defendants conspired to exercise physical force in such a way as to assault the victim at the time, place, etc. mentioned in the above paragraph (1).

Summary of Evidence

1. Each legal statement of the defendant A and B;

1. The police statement concerning F;

1. Each investigation report (the sequence 2, 3, 8 of the evidence list);

1. Application of Acts and subordinate statutes of a medical certificate;

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

A. Defendants: Articles 2(2) and 2(1)3 of the Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act; Article 28(4)3 of the Security Services Industry Act.

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