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(영문) 대전지방법원 2014.05.30 2014고정657
폭력행위등처벌에관한법률위반(공동폭행)등
Text

1. The defendant shall be punished by a fine of 700,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 13, 2014, the Defendant: (a) around 02:40 on January 13, 2014, the Defendant: (b) entered the victim D (the age of 18) into the above convenience store for tobacco fraud, along with the victim D (the age of 18) with E, and (c) was the victim of the defect, “hume and hume”; and (d) entered the said D into the convenience store.

Before the above convenience store entrance, the Defendant reported that the victim waiting for the victim was waiting for the above convenience store, and, at the same time, told the victim as “whether he is a few suicide, or a minor.”

Accordingly, the Defendant, while showing his identification card and about to do so, assaulted the victim at approximately 3-4 times by putting the victim’s batch with bather batch, and assaulting the victim at approximately 2-3 times with her batch with her hand and drinking at approximately 2-3 times.

2. The Defendant violated the Punishment of Violence, etc. Act (joint assault) at the same time and place as the preceding paragraph, and the victim E (18 years of age) who deemed that the Defendant assaulted the said D was the victim’s assault as above, the Defendant, as drinking, took once the victim’s threshold, and the public prosecution and the F, together with the above, took the same attitude that the victim was at the vicinity of the entrance of the convenience store, putting up one string of the bricks located near the entrance of the above convenience store and was at the time and at the same time and place. On the other hand, the Defendant pushed up the victim’s chest at approximately three times.

Therefore, the defendant assaulted the victim jointly with F.

Summary of Evidence

1. Each police interrogation protocol against the accused and F;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant provisions of the Criminal Act, Article 260 (1) of the Criminal Act (the point of violence), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of fines for each of the crimes;

2. The Criminal Act among concurrent crimes;

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