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(영문) 수원지방법원 성남지원 2015.07.02 2015고단241
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 22, 2014, at around 23:20 on September 22, 2014, Defendants A and B jointly committed a crime with E, “H restaurant” operated by the victim G (58 years of age) who was in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and refused to request food and drink of service, but the victim had already changed several times, which makes it difficult for the victim to take more time. Defendant A already refused to provide food and drink. Defendant A was able to see the victim’s face by drinking flabing the breath of the victim, and Defendant B was able to kn the victim’s face and ear with the victim’s face and ear, and E assaulted the victim, such as taking the victim’s flab from back to the victim.

2. Defendant A’s sole criminal conduct assaulted the victim by pushing the I’s shoulder in his hand on the ground that the victim I (n, 43 years old) of G’s wife at the time and place specified in paragraph (1) was fighting.

Summary of Evidence

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

1. A protocol of suspect examination of G police officers;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes as a result of the CD reproduction;

1. Relevant 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, Article 260(2) and 1 of the Punishment of Violences, etc. - Selection of each fine - Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act,

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

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act include: (a) the Defendants reflects the facts charged while recognizing the facts charged; (b) the victims’ damage is minor; and (c) the occurrence of both assaults.

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