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(영문) 서울동부지방법원 2017.05.26 2017고단533
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 19, 2016, at around 15:00, the Defendant drinked with B and C(45 years) in front of the Dong-dong Mar society located in Gangdong-gu Seoul, Gangdong-gu, Seoul, about 200, while drinking alcohol together with B and the victim C(45 years). In dispute, the Defendant, by hand, her hand, bhered the victim’s buck with his/her her arms, her boomed the victim’s buck, added his/her her arms into both arms, and filled up B by combining B with it.

Accordingly, the defendant committed violence to the victim jointly with the victim B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Application of the police statement protocol law to C

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant had been punished several times for the same or similar crimes, has committed the crime of this case. However, the defendant confessions and reflects the crime, the victim does not want the punishment by agreement with the defendant, and other various sentencing conditions in this case, including the motive, means and result of the crime of this case, the situation after the crime, the age of the defendant, sexual behavior, and family environment, shall be determined as ordered by taking into account all of the sentencing conditions in this case.

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