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(영문) 인천지방법원 부천지원 2013.04.05 2013고정451
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine not exceeding three hundred thousand won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 28, 2012, the Defendant was sentenced to eight months of imprisonment by Seoul Southern District Court for the violation of the Road Traffic Act, and the judgment became final and conclusive on December 21, 2012.

The defendant and C are simplified, and the victim D are the neighbors who reside on the following floor:

On July 12, 2012, at around 23:40, the Defendant and C were under dispute due to the noise noise problem of Bupyeong-gu E-Bab01 for the victim D(68 years of age) in Bupyeong-gu, Sincheon-gu, 201, and on the ground that the victim was said to have come to come to the Defendant and C, and C was under the victim’s residence, and C was under the victim’s flabing of flab, with both hand, and the Defendant was also under the victim’s flabing of flab, and the victim was under the victim’s flabing of flab.

Accordingly, the Defendant assaulted the victim jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes to court rulings and consolidated cases inquiry;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the Selection of Punishment of Violences, etc.;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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