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(영문) 서울중앙지방법원 2020.05.18 2020고단2231
특수폭행등
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On December 31, 2019, the Defendant: (a) around 23:35 on December 31, 2019, in the “E” restaurant operated by the victim D (V, 61 years of age) located in Gwanak-gu in Seoul Special Metropolitan City; (b) in the absence of special reasons, the Defendant boomed the victim with the beer and beer disease, which is a dangerous object on the tables, and was placed around the victim’s head.

Accordingly, the defendant carried dangerous objects and assaulted the victim.

B. Around December 31, 2019, the Defendant assaulted the victim on the ground that the victim F(62 years of age) who was seated in another table is set forth within the same place as the above paragraph (a) on December 31, 2019, by hand, flabing the victim’s breath, and flabing the victim’s breath outside of the above place, and flabing the victim’s flab, flabing the victim’s body with his hand, and flabing the victim’s flab.

2. Defendant B

A. On December 31, 2019, the Defendant: (a) around 23:38, in the same place as the preceding paragraph; (b) on the ground that the Victim G (61 years of age) who was a flab of the said F, took a bad attitude while stopping fighting, the Defendant, by hand, committed assault against the victim by booming the flab of the victim; and (c) flabing down the flab.

B. On December 31, 2019, the Defendant: (a) 23:42 on December 31, 2019, at the outside of the same place; (b) flapied the body of the said victim F, and flapied the feb of the victim F; and (c) abused the victim on several occasions.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding F;

1. Each statement of G, F, and D;

1. Each report on investigation;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act and the choice of punishment against the crime A: Articles 261 and 260 (1) of the Criminal Act (the point of special violence), Article 260 (1) of the Criminal Act (the point of violence), and Article 260 (1) (the point of choice of a fine): Article 260 (1) of the Criminal Act;

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

1. The defendants were led to the confession of each of the crimes in this case under Articles 70(1) and 69(2) of the Criminal Code.

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