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(영문) 춘천지방법원 강릉지원 2017.12.14 2017고합76
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 1 and 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. The Defendants committed the joint crime on May 2, 2017, on the grounds that, in the Gpenta in the management of the Victim F (54 tax) in Gangnam-si E on May 2, 2017, the victim’s customers were humped by drinking alcohol, Defendant B committed assault by her hand, her hand, such as her knick part of the victim’s knife, and Defendant A her flab and her flaps.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant B

A. The Defendant attempted to commit fire to the present state building, at the time, at the place specified in paragraph 1, and on the foregoing grounds, attempted to extinguish the dilution (one name or a single-use dilution) between the Defendant and the Defendant with a wood ter of the said pentry, and with a single-use clux with a single-use clux, and fire the victim et al. used as a residence, but was committed by extinguishing the F and the customers by brushing them into brooms, etc.

B. The Defendant had sexual intercourse at the time, time, and place indicated in paragraph 1 as above, and had the F, F, F’s wife, and customer’s sexual organ removed, and had the bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bits

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F and H:

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (related to photographs and video analysis results submitted by the victim, and the joint nature of assault);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines, and the selection of fines

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault, the choice of imprisonment), Articles 174 and 164(1) of the Criminal Act (the fact of attempted fire prevention of the present main building, the choice of imprisonment with prison labor), Article 245 of the Criminal Act (the point of public performance obscene and the choice of imprisonment with prison labor)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Act.

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