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(영문) 의정부지방법원 2017.06.08 2016고정1622
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by a fine of KRW 500,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (joint assault);

A. Defendant A, B, and C jointly with H on May 19, 2015, on the ground that around 02:30 on May 19, 2015, around the first floor toilets of the I building in Namyang-si, the Defendants asserted that the victim E (33) and D (33) were fluenced.

During that, H’s drinking, he saw the victim E in a number of times, brooms, brooms, Defendant A brooms the victims by hand, display the brooms, brooms, and Defendant B was slicking the victims’ bomb and brooms, and Defendant C used the victims’ brooms and brooms by hand.

B. Defendant E and D Defendants were dissatisfied with each other on the above date, time, and place.

During that period, the Defendants were able to see the face and body of the victim H(22 tax), A(22 tax), B(23 tax) and C(23 tax) due to drinking and shot.

In addition, Defendant E divided the fire extinguisher into the victim J(23), the victim K(19 tax) and the victim L(20 years of age) who took the fighting, and Defendant D had any tools to the victimJ.

Accordingly, the Defendants jointly assaulted victims.

2. Damage to property;

A. The Defendants and H destroyed and damaged the parts attached to the corridor wall front of the pertinent building managed by the victim M in the process of placing and wrapping the objects as described in the above paragraph 1 by the managing entity of the “I” commercial building.

B. Defendant E destroyed KRW 25,00 of the replacement cost by spraying a fire extinguisher as described in the above 1-B. As such, Defendant E destroyed it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness M, J and K;

1. Lritten statements;

1. Application of statutes on site and victim photographs;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply) regarding criminal facts and the selection of a sentence against Defendant A, B, C, and D.

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