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(영문) 울산지방법원 2017.01.23 2016고정752
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 6, 2015, the Defendant and B were able to listen to the phrase “E” operated by the victim D(the remaining, the age of 26) of Ulsan-gun, Ulsan-gun, and the victim D(the age of 26) of the second floor around Sep. 23:40, 2015, the Defendant ordered to find the victim as a customer, but ordered the cryp from the victim D that the cryp does not sell the cryp from the victim D. However, the Defendant was able to take the back of the victim F (the remaining, the age of 28) of the victim F for the victim's pro-friendly arrest at the above main point one time on the floor of the cryp, the victim’s face was 4,5 times in drinking, and the victim’s face was collected once in Ethma.

Accordingly, the defendant and B assaulted victims jointly.

2. An alien staying in Korea in violation of the Immigration Control Act shall always carry his/her passport, alien registration certificate, etc., and present it upon request by a competent public official in connection with his/her duties;

Nevertheless, the defendant demanded the defendant to present his foreigner registration certificate or passport to confirm his personal information by the police box operator of the Ulsan G police station G police station in Ulsan, which was dispatched after receiving 112 report at the date and place mentioned in the preceding paragraph, but the defendant did not comply with the request by stating that "I cannot know about the foreigner's registration number, it is now possible to do so."

Summary of Evidence

1. Application of Acts and subordinate statutes to each protocol of interrogation of the police to the accused, B, F, and D

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (a) of the Criminal Act; Article 98 Subparag. 1, 27(2), and Article 27(1) of the Immigration Control Act (a violation of the duty to carry and present a passport, etc.)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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