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(영문) 수원지방법원 2018.05.10 2017고정2607
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On June 21, 2017, the defendant, C, and D met with the victim Eul ( South, 44 years old) who met and takes a bath for the reason that the university students do not yield three jobs within the Ethber Ra in light of the following: (a) around 19:00 on June 21, 201, the defendant, C, and D met with the victim, and (b) the defendant, C, and D met the victim with the victim's 480-42, Gangnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, 480-42, "Seoul-do, 480-42, the victim's arms and pls the victim's arms, and booms the victim's knish, and the defendant changed the victim's right of defense by drinking or drinking. Therefore, the defendant's right of defense is not impeded.

C and D used the victim's arms in both sides, and C used the victim's clothes to blick the victim's hand floor, and used the victim's blick at one time.

Accordingly, the defendant assaulted the victim jointly with C and D.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of partial police officers in relation to C or D;

1. Investigation report- Cases concerning mobile phone images submitted by the stude F;

1. The CD [the defendant and his defense counsel] argues to the effect that although the defendant's hand was in contact with the victim's part on the part of the ship, there was no fact that the victim's hand was drinking on the part of the victim's ship, and the victim was set at a distance from the victim of the time, the intention of joint implementation with C and D and functional control was not recognized, and even if the defendant's act constitutes the exercise of tangible power, it constitutes a justifiable act to ensure that C, a severe dementia patient, does not fit.

However, according to the above evidence duly adopted and examined by this court, the defendant began to pay the victim and time in subway together with C and D.

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