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(영문) 서울중앙지방법원 2015.02.10 2014고단8409
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

On April 11, 2013, the Defendant was sentenced to 1 year and 6 months of imprisonment with labor for a crime of intimidation, a crime of violating the Employment Security Act, and 3 years of suspended execution on April 19, 2013. On April 19, 2013, the Defendant was a person who is currently under suspended execution and was operating a sidewalk. C was a migrant female from China, and around 201, the Defendant was a person who had been running in a singing room.

On June 11, 2014, around 03:30 on the road in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant observed that, on the road in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, the Defendant was boarding a car owned by the Defendant, C and the victim E (the age of 28) were singing and singing in a singing room, and the distribution of the preserving balance received from customers, the Defendant sing and disputing them.

이에 피고인은 C과 피해자에게 다가가 피해자를 만류하며, C을 자신의 승용차 조수석에 태운 후 출발하려 하였으나 피해자가 조수석으로 다가와 C에게 욕을 하면서 차량을 막자 순간 화가 나 운전석에서 내려 피해자의 머리채를 잡아당겨 차량의 뒤쪽으로 끌고 가고, C은 이에 가세하여 피해자의 머리채를 잡고 피해자의 다리 등을 발로 찼다.

The defendant continued to see the face of the defendant and the victim who is fluoring up to C, despite the date, time, place, and the defendant's restraint in spite of the defendant's restraint, and put about about 12 weeks on the right-hand right-hand right-hand right-hand right-hand right-hand right-hand right-hand right to receive approximately 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written protocol of examination of the accused and C by the prosecution;

1. Each prosecutor's protocol of examination of victims E;

1. Application of Acts and subordinate statutes to a criminal investigation report (to submit a victim E, to receive a death diagnosis report, etc.), a criminal investigation report (Attachment to the upper part of a suspect E), a criminal investigation report (to submit a defendant and receive a written agreement);

1. The victim does not want the punishment of the defendant under the relevant Article of the Criminal Act, the choice of a fine under Article 257 (1) of the Criminal Act, the agreement with the victim, and the defendant.

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