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(영문) 서울동부지방법원 2016.01.20 2015고단2952
폭행
Text

Defendant

A Imprisonment for four months, and each of the defendants B shall be punished by a fine of 1,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. At around 00:20 on June 3, 2015, Defendant A, a neighboring victim B (60 years of age) (i.e., a neighbor) who had talked with the owner of the F cafeteria located in Gangdong-gu Seoul Metropolitan Government, while drinking alcohol at the F cafeteria, expressed that “I are under the same influence of alcohol,” and without any particular reason, the Defendant expressed the victim’s desire, breathing the breath of the victim’s body, led the breath and pushed the victim out of the body, and bread the victim’s face.

When the above restaurant operator and the victim G (the age of 57) who is the wife of the victim controlled the defendant's behavior, the defendant continued to tightly damaged the victim G, and tightly pushed the victim B, and was towed by his flabing.

Accordingly, the defendant assaulted victims.

2. Defendant B, at the same time, and at the same place as described in paragraph 1, the victim set up a assault, such as paragraph 1 of the victim A (39 years of age), and boomed the victim’s face, and assaulted the victim by drinking the victim’s face.

Summary of Evidence

[Defendant A]

1. Each legal statement of witness B and H;

1. Some statements made against the defendant during the police interrogation protocol;

1. A protocol concerning the suspect B of the police;

1. Statement of the police statement related to G;

1. Photographss, such as the part of the victim G assault, photographs of the suspect B's assault, and investigation reports (on-site CCTV investigation) (Defendant B);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police officer;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of photograph (Evidence 6);

1. Defendants of the relevant legal provisions concerning criminal facts: Article 260(1) of the Criminal Act

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor;

B. Defendant B: Selection of fine (in light of the fact that a large number of criminal records of violence, reflects the fact that a person is living together with the Defendant, and that a person who was living together with Defendant A committed an assault and assault against him/her, etc.)

1. A aggravated Defendant A: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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