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(영문) 서울동부지방법원 2016.12.08 2016고단3369
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for three months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 7, 2016, the Defendants’ co-principaled Defendants around the E parking lot operated by Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City C victim D, and Defendant A was in dispute with each other on the grounds that the said victim requested “a vehicle parked by the Defendant to move to another place.” While the said victim was in dispute, Defendant A was slicking the bridge of the said victim, and Defendant B had the said victim go beyond the blue floor, making the said victim go beyond the blue part of the said victim more than the upper part of the said victim’s face at one time in drinking.

The Defendants continued to fight the victim F on the ground that the victim F was fighting, and the Defendant A was sprinking the victim F’s fat, and Defendant B was sprinking the victim F’s bat.

Accordingly, the defendants jointly assaulted victims.

2. Defendant A, at the time and place described in paragraph (1), and at the 112 reporting site and verifying the circumstances of the case, Defendant A insulting the victims of the G District H and policeman, who were affiliated with the G District Ha, by openly insulting the victims of the case by openly referring to “the wres of the opening of the field, the same wres of the sick,” among many residents’ watch.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police protocol of statement to D, F, H, and I

1. Defendant A of the pertinent Article of the Punishment of Violences, etc. Act: Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of joint assault), Article 311 of the Criminal Act (the point of insult): Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault);

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act (mutually among the crimes of insult);

1. The Defendants’ choice of punishment: Imprisonment with prison labor

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

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered among the reasons for sentencing);

1. Defendant A of the community service order: Criminal Act.

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