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(영문) 부산지방법원 2013.06.10 2012고정6084
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 300,000.

If the Defendants did not pay each of the above fines, 50.

Reasons

Punishment of the crime

At around 15:00 on May 23, 2012, the Defendants: (a) on the top of the entrance of the first floor of the Busan District Court located in the Busan District Court 200, the Defendants: (b) on the ground that the victim D (the age of 64) made an unfavorable statement about E in the Defendant case, including Defendant E, D, F, G, H, H, H, A, and I, which was held in the court of Busan District Court 355, on the ground that they made an unfavorable statement about E supported by them; and (c) on the part of the Defendant, the Defendant: (a) toldd that “Y Y, Y, Y, and Y,” and laid off the Victim’s arms on his hand, and (b) laid off the Victim’s son’s son and her mother, after the victim’s KON was taken off by his hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Statements by witnesses D and G in this Court;

1. A statement to the effect that, among the prosecutorial protocol (including the part of the statement made by J, K, and D) against the Defendants, Defendant A was put in the arms of the victim by his hand so that the victim may not have any access to the examination, Defendant B was able to write down the victim’s KON and increased by his hand, and Defendant B was off the victim’s mother and was laid off on the floor;

1. Each police suspect examination protocol of J, L, K, M, or N;

1. Application of Acts and subordinate statutes governing O's factual confirmations;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, each of the choice of punishment, and Article 260 (1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Determination as to the assertion by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. Summary of the assertion;

A. Defendant A merely took the victim’s hand to communicate with the victim, and it cannot be viewed as a assault.

B. Defendant B’s attachment of the victim’s KON to prevent the victim from spreading to himself is not illegal as it constitutes an emergency evacuation, and the victim’s identity.

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