(영문) 서울남부지방법원 2019.10.16 2019고정1056

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(영문) 서울남부지방법원 2019.10.16 2019고정1056

폭력행위등처벌에관한법률위반(공동폭행)

Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the occupants of the Guro-gu Seoul Metropolitan Government apartment, the victims D(32), victims E (30 years of age), and victims F (19 years of age) are the occupants of the meetings of residents held on October 11, 2018 at the Promotion Committee for the Establishment of the C apartment reconstruction and Improvement Project Association.

On October 11, 2018, at around 18:10, the Defendants were willing to enter the above event site at the meeting site of the C apartment reconstruction promotion committee, which is held by the Guro-gu Seoul Metropolitan Government Mamasan-ro 245, the third floor of the apartment reconstruction promotion committee in front of the Guro-gu, Guro-gu, Seoul, to enter the event site of the C apartment reconstruction promotion committee. However, Defendant A requested the victim D to enter the meeting after confirming the list of the participants, who is the proceeding staff. Defendant A was able to take the victim’s head debt and pushed the chest part of the victim E, who called the victim’s breast part, and was able to take the head of the victim D and take the breast part by drinking, with the wheel of the victim E, who was able to take the knife the victim’s body and knife the knife, and Defendant B tried to wear the victim’s e and the victim’s knife.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Each written statement of D and E;

1. Photographs of the victims;

1. Application of Acts and subordinate statutes to investigation report (to secure images of meeting records of the C Apartment Reconstruction Committee);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants to be suspended from sentence: Fines of 700,000 won; and

1. Defendants in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants: The Defendants are against the fact that the Defendants, under Article 59(1) of the Criminal Act, committed an improper act by recognizing a crime, and some of the Defendants, including the Defendants, in the situation where there were differences in opinions between the residents regarding the method of apartment reconstruction project.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제1호

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