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(영문) 서울서부지방법원 2014.02.17 2013고정2240
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

In the event that the Defendants did not pay the above fine, only 50,000 won.

Reasons

Punishment of the crime

At around 00:20 on March 15, 2013, the Defendants confirmed that Defendant A was boarding a F taxi operated by the victim E (the male and the age of 47) in front of the Changcheon-dong, Seodaemun-gu, Seoul, 72-2, and that Defendant A was “50,000 won to ask the victim for the charge,” and that the charge was high.

Defendant

A, after getting off from a taxi, took the face of the victim at his hand, and Defendant B took the back of the victim at one time, and she saw the victim’s fat.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness E and G;

1. Some statements in the police interrogation protocol against Defendant A

1. The first police interrogation protocol on Defendant B contains some statements;

1. The Defendants’ partial statements and E’s statements among the second police interrogation protocol as to Defendant B

1. Statement to E by the police;

1. Defendant B and his defense counsel’s assertion on Defendant B’s written statement, and his defense counsel asserted that the act of Defendant B does not violate social rules and constitutes a legitimate act, since the victim did not return his teachers’ identity card to Defendant B and only flicked with city expenses, and flicked the victim’s b’s flick, and that such act constituted a legitimate act.

According to each of the above evidence, the defendants' acts such as the above facts constituting the crime can be acknowledged.

In light of the fact that there was a physical contact between the Defendants and the victim and the victim, that is, the Defendants and the victim had already been physically contacted, and the 112 report was made, Defendant B presented his teachers’ identity card to the victim, and the victim could not reach the arrival of the police in order to prevent the escape of the Defendants, and did not return the above identification card, the Defendant dumbbling the victim.

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