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(영문) 서울북부지방법원 2012.05.16 2012고단786
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 5, 2012, the Defendant committed an indecent act by force by force by force on the following occasions: (a) around 09:00, the Defendant committed an indecent act by force on the victim D (the age of 21) suffering from shorter flaps in Seoul Special Metropolitan City, Nowon-gu, Seoul, with the intent to commit an indecent act by reporting the victim D (the age of 21) at the victim’s lower flaps; (b) the victim was seated on the victim’s side, and the victim refused to sit

2. On February 5, 2012, the Defendant jointly committed a assault in violation of the Punishment of Violences, etc. Act (joint assault) with E, and committed a assault in response to the physical body of victims via E together with E, at the places described in the preceding port at around 10:20 on February 5, 2012, and from the victim F and G who had heard an indecent act from D.

3. The Defendant, while fighting with the said F and others at the place indicated in Paragraph 2, was fighting, and the kids were put in the victim D, and the Defendant committed assault against the victim on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. A protocol concerning the examination of suspect with respect to F or G;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, Article 260 (1) of the Criminal Act, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a judgment is affirmed as a crime of indecent act by compulsion against a defendant who has registered personal information under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information pursuant to Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the chief of the competent police station under Article 33

However, the disclosure and notification order of registered information may have a serious impact on the rehabilitation of the defendant.

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