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(영문) 서울북부지방법원 2013.12.12 2013고정1616
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A, B, and C shall be punished by a fine of 2 million won, and the defendant D shall be punished by a fine of 1.5 million won.

The Defendants respectively.

Reasons

Punishment of the crime

On March 23, 2013, at around 01:40, the Defendants were at the top of the H main store located in Dongdaemun-gu Seoul Metropolitan Government, and the victim I (24 years of age) who was in front of the Defendant B was waiting to enter the said establishment, and were in a vision with the victim J (25 years of age) who was in front of the said establishment. Defendant B followed the victim I and the victim J (25 years of age) who was in front of the said establishment. Defendant B took the body of the victim J, who was in front of the victim I’s face after the victim I’s face, and took the face of the victim J, who was in front of the said establishment. Defendant C took the victim’s body when the victim’s face her face her face her face her face her face and took the victim’s body her face her face. Defendant C took the victim’s body, and Defendant C took the victim’s body by taking the victim’s body.

As a result, Defendant A, B, and C assaulted the victim I jointly, and the Defendants jointly inflicted an injury on the victimJ, such as the left-hand side, the upper-hand side, the upper-hand side, the upper-hand side, and the damage to the left-hand side of the victim.

Summary of Evidence

1. Each legal statement of the defendant B, C, and D

1. Each legal statement of witness I, K, J and L;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A, B, and C: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (a) of the Punishment of Violences, etc. Act; Article 2(2) and (1)3 of the Punishment of Violences, etc. Act; Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act (a) of the same Act; selection of each fine

(b) Defendant D: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act

1. Defendants A, B, and C among concurrent crimes: former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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