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(영문) 광주지방법원 2017.08.17 2017고단2370
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000, and Defendant C by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendants’ joint criminal acts (joint assault) are pro-Japanese death.

피고인들은 2016. 12. 11. 07:10 경 광주 동구 D에 있는 ‘E 주점’ 앞길에서, 피해자 F(24 세), G(26 세) 과 시비가 되어 피고인 C은 손으로 피해자들의 멱살을 잡고 주먹으로 피해자들의 머리를 각 1회 때리고, 피고인 A은 이에 가세하여 가슴으로 피해자 F의 가슴을 수회 밀치고, 피고인 B은 발로 피해자 G의 몸을 1회 찼다.

Accordingly, the Defendants jointly assaulted victims.

2. On December 11, 2016, Defendant C had been voluntarily accompanied by Defendant-friendly A, the victim F, and G to H districts in the Dong-gu Police Station in Gwangju-dong-gu, Gwangju-gu, by the act of assault as above, around 07:10 on December 11, 2016, Defendant C told Defendant C to be subject to a minor punishment by filing a report to the police officers belonging to the said H districts who are investigating the said case as violence, even though he did not have been subjected to the assault from F.

On December 11, 2016, the Defendant: (a) filed a false statement with the police officer I who is investigating the instant case in the H District; (b) prepared the same purport to the said police officer; (c) submitted it to the said police officer; and (d) made a statement to the effect that, around December 22, 2016, the Defendant was under investigation by the police officer K who is investigating the said case in the Dong-dong Police Station J of Gwangju-gu, Gwangju-gu, Seoul, under investigation by the police officer K who is investigating the said case, and “F assaulted.”

Accordingly, the defendant raised F without criminal punishment for the purpose of having the criminal punishment imposed.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect with respect to F, or a protocol concerning the examination of suspect with respect to Defendant C;

1. Statement of the police statement related to G;

1. Application of the law of Defendant C’s written statement

1. Defendant A and B of the pertinent provision of the Act on the Punishment of Violences, etc.: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, Defendant C of the choice of each fine:

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