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(영문) 서울남부지방법원 2014.08.21 2014고정2116
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Defendants A and B co-offenders are members of the C church’s “meetings to observe the C church” or the “Emergency Countermeasure Committee”.

On December 29, 2013, around 11:30 on December 29, 2013, the Defendants attempted to prevent the members belonging to “a meeting to establish a church immediately,” the opposite to the third floor distribution prior to the distribution of the third floor of the C church located in Yangcheon-gu Seoul Metropolitan Government, from entering the second floor of the distribution. Defendant A was placed in the arms and the side of the victim E (the age of 41), and Defendant B was pushed the victim’s chest by hand.

Accordingly, the Defendants jointly assaulted the victim.

2. On December 29, 2013, Defendant A committed assault by the victim F (the 51 years of age) by blocking the victim’s kicking of the distribution of weddings at the places indicated in the preceding paragraph, at around 11:50 on December 29, 2013.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Each police statement of E and F;

1. Application of each statute on filing of a complaint;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault), Article 260(1) of the Criminal Act (the point of joint assault), Article 260(1) of the Criminal Act, the selection of each fine

(b) Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include that victim E does not want the punishment against the Defendants, and the sentence shall be determined as per the order.

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