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(영문) 서울중앙지방법원 2016.04.21 2015고단4056
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

around 05:00 on February 26, 2015, Defendants and joint Defendants D, within the “F” entertainment center located in Gangnam-gu Seoul Metropolitan Government, would show that they dispute H and the victim I (49 years old), who is an employee of the same worker G, who was known to the above main office, and the victim I (49 years old) who is the said employee, and would be punished for trial expenses. Defendant A would like to take the victim’s timber and attract the victim into the open space of the said entertainment center, take the victim’s bath, and take the victim’s bath, and the above D would want to see whether the victim “I am only because I die. I will die.”

C. The gushes theory, such as C. C. C., and Defendant B used assault, such as showing the text, and harming the victim’s neck, and pushing ahead with the wall.

Accordingly, the Defendants and the above D assaulted the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and J;

1. Each protocol concerning the examination of the police officers in H and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (the choice of a punishment) concerning criminal facts;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act, such as where the Defendants were aware of the victims as the organized violence crime, are somewhat going through the form of the instant act, and the circumstances that were threatening, are acknowledged.

However, it seems that the defendants reflects the defendants' mistakes in depth, have yet to be aged, and has a relatively stable occupation, and there is sufficient room to repent.

Defendant

B has no record of being punished by a fine or more.

In full view of all such circumstances as the Defendants’ background and method of the instant crime, degree of damage, motive for the crime, circumstances after the crime, age, sexual conduct, career, environment, and record of punishment, etc., all of the circumstances constituting the conditions for sentencing as shown in the instant pleadings are limited to this time against the Defendants.

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