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(영문) 서울북부지방법원 2013.09.26 2013고정1378
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are members of the “Diplomatic Association” in Gangnam-gu Seoul Metropolitan Government, and victims E (year 54) are those who have frequently conflict due to the internal division of a church.

On November 18, 2012, at around 10:28, the Defendants committed violence, such as prohibiting the Defendants from entering the above church in front of the latter part of the above church, and Defendant A used the victim’s neck as her hand, and Defendant B used the victim’s chest as her hand, and Defendant B used the victim’s chest twice as her hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of witness E;

1. Application of the Acts and subordinate statutes related to the assault, video CDs, and video CDs;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the defendants who have selected a punishment for an offense;

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

1. The Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1.(a)

Defendant

A asserts that since it is the same as the wind that the victim's body is tightly tightly tightly tightly tightly, A asserts that the victim's left hand was put on the shoulder of the victim due to his anti-private behavior not to go beyond.

However, according to the above evidence, in particular, the first CD among two assaulted video CDs (Evidence Documents, etc.) No. 4, the first CD and the video CD No. 12 of the same list (00:16:30 to 00:17:38), Defendant A does not put his hand on the shoulder of the victim, and Defendant A does not put his hand on the shoulder of the victim, in order to enter the above church, it is difficult for the victim to keep the victim from entering the victim’s side and the victim’s side to prevent him from entering the church before the above church, while leaving the victim’s right shoulder, while leaving the victim’s hand on the right shoulder, while leaving the victim’s arms and leaving the victim’s hand on the part of the victim’s hand.

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