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Reasons
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(영문) 서울중앙지방법원 2014.06.25 2014고정1270
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A, B, C, and D shall be punished by a fine of 1,00,000 won, and Defendant E shall be punished by a fine of 50,000 won, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A, B, C, and D’s violation of the Punishment of Violences, etc. Act (joint assault) was done on November 23, 2013 on the ground that the Defendants were drinking together with “L” clubs in Gangnam-gu, at around 04:50 on the same day and drinking together with M., Defendant A was faced with the victim E (20 years of age), and Defendant A was satisf due to the following reasons: (a) Defendant A was pushed with the victim E (20 years of age); (b) Defendant A was satisfing the victim’s face and body; and (c) Defendant D was satfing the victim’s face and body in drinking with the victim’s face and body, respectively.

Accordingly, the Defendants jointly committed violence against the victim in conjunction with the above M.

2. Defendant E’s assault committed assault at the aforementioned date, time, and place as above, the victim A (the age of 41) was committed and the victim’s face was taken to drink, and the victim’s face was taken to drink.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness N, M andO;

1. Each legal statement of the witness A, B, C, and D (limited to the defendant E) and the witness E’s legal statement (limited to the defendant A, B, C, and D);

1. Each police interrogation protocol of the defendant A, B, C, and D (limited to the defendant E) and police interrogation protocol of the defendant E (limited to the defendant A, B, C, and D);

1. Application of the N’s written law

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act and Article 260(1) E of the Criminal Act concerning criminal facts: Article 260(1) of the Criminal Act (Selection of Fine)

1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)

1. Defendants of the provisional payment order: The Defendants and defense counsel on the assertion by the Defendants and defense counsel under Article 334(1) of the Criminal Procedure Act are about the victim’s attempt to assault the Defendant.

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