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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고정32
폭력행위등처벌에관한법률위반(공동체포)
Text

Defendant shall be punished by a fine of two million won.

If the above fine is not paid, the sum of KRW 100,000 shall be one day.

Reasons

Punishment of the crime

The defendant and B are between the victim C(24, South Korea) and the victim C(24).

The victim had been living in the Jin-ri Council located in Daegu for about three months, and had not been able to live there on October 28, 2015, and the defendants went to a bus terminal outside Gangseo-ro 27 (redly operated red-dong) in order to meet the victim.

On October 29, 2015, the Defendant and B met the victim on the street in front of the bus terminal of Gangnam-si 12:45, Gangnam-si, Don 27 (redly-dong) Gangnam-si, and the Defendant demanded the victim to have a defect in the conversation with the victim, but the victim subsequently rejected the request, the Defendant, along with B, forced the victim to leave the arms at both sides of the victim and arrest the victim jointly with B.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of each part of the protocol concerning the interrogation of the suspect against the defendant and B;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes of the table for handling of reported cases, each investigation report (the counter investigation of reporters and the recording recording of reporters E), and 112;

1. Article 2 (2) and Article 2 (1) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes and the Selection of Punishment, etc., and Article 276 (1) of the Criminal Act (the crime of this case is committed in an excessive manner at an open public concentrated place, the nature of the crime is not very good in light of the fact that the crime of this case is committed in light of the fact that there is no serious reflectiveness, but a fine is selected in accordance with the principle of prohibition of disadvantageous alteration);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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