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(영문) 서울북부지방법원 2017.01.12 2016고정2336
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

Each sentence imposed on A and Defendant B shall be suspended.

Defendant

The prosecution against C is dismissed.

Reasons

Punishment of the crime

Defendant

A and Defendant B are those who are the officers of the past pastor E of the D church and the victim C are in a mutually disputing relationship with the dead seeds of the F of the incumbent pastor.

At around 10:20 on August 28, 2016, the above Defendants stated that the victim C wishes to enter the distribution of wedding at the entrance of the D church located in Seongbuk-gu Seoul Metropolitan Government G, and Defendant A called “B”, carried the victim’s bat, pushed the victim’s bat, and Defendant B carried the victim’s bat with his bat, and Defendant B turned the victim’s right shoulder in his hand from the back to the bottom.

Accordingly, the above Defendants jointly assaulted the victim.

Summary of Evidence

1. The respective legal statements of the defendant A and the defendant B

1. Application of each law to the above Defendants and C concerning the suspect interrogation protocol

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

1. Defendant A and B detained in a workhouse: Articles 70(1) and 69(2) (1): 10,000 won per day) of the Criminal Act;

1. Defendant A and B of suspended sentence: Article 59(1) of the Criminal Act (the punishment to be suspended: each fine of 500,000 won, each fine of 50,000 won, each of the above Defendants is the first offender; Defendant A is the first offender; Defendant B does not have any particular criminal record; Defendant B does not bear any specific degree of damage; and Defendant C has agreed with the victim, etc.); and

1. Defendant C of the facts charged committed assault, such as, at the same time, at the same time and place as the above facts constituting the crime, flabing the victim A’s flab by hand against the victim A and B, and pushing the victim B’s chest by hand.

2. Article 327 Subparag. 6 of the applicable Criminal Procedure Act, Article 260(3) and 260(1) of the Criminal Act (each indication of non-existence of punishment on December 19, 2016, which was after the institution of public prosecution).

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