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(영문) 대구지방법원 김천지원 2016.02.04 2015고정286
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A A shall be punished by a fine of 1.5 million won, and Defendant B shall be punished by a fine of 4 million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime at around 07:30 on August 10, 2014, jointly ordered a food order by telephone from “G cafeteria” located in the Guro-si F, Si, but sought at the above restaurant on the ground that the victim H (30 taxes) was influenced, Defendant A was able to take off the victim’s shoulder with 2-3 times by shoulder, and Defendant B used the victim’s shoulder at one time and four times by drinking, and Defendant B used the victim’s shoulder at his/her hand at one time and four times by drinking.

2. Defendant A: (a) committed assaulting the victim D(45) and D’s chest part of the victim D’s chest in front of the “G restaurant” described in paragraph (1) on the street by selling the victim’s elbow to prevent the Defendant from holding; and (b) continuously booming the victim’s H on two occasions by drinking, and assaulting the victim’s H beyond the floor.

3. Defendant B driven an I string-out car in the state of alcohol concentration of about 0.12% in blood at the section of about 50 meters from the front of the “G restaurant above the city of the day specified in paragraph 1 to the above 50-day studio parking lot.

Summary of Evidence

1. Part of Defendant B’s legal statement (which recognizes only the driving part of drinking);

1. Witness D and E’s each legal statement (in a restaurant, the common statement part that the victim unilaterally met without setting up against the Defendants, and the D’s statement part that the defendants running further);

1. Part of the statement that he dice 6-7 sick together with A during the interrogation of the suspect in the prosecution against Defendant B, and 1/3 volume of 1/3 sick per three weeks per three weeks divided into external ginseng villages, and that he dice dice dice dice h's shoulder was pushed, and he dice h's chest was pushed;

1. The part of the first police interrogation protocol against Defendant A, asking why the head of the police room (H) will be why you want to do so, and the head of the kitchen was pushed ahead of the chest while the head of the kitchen was frighted, and the head of the kitchen was frighted. The part of the statement that Defendant A, as the head of the household was frighted, was frightened with the head of the station (H) and was frighted with the head of the station (H). The part of the statement that Defendant A, as the head of the household was frighted with the head of the station,

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