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(영문) 서울서부지방법원 2019.06.21 2019고단950
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 500,00, Defendant B, C, and D, respectively, by a fine of KRW 1,000,000.

The defendants are the defendants.

Reasons

Punishment of the crime

At around 02:00 on February 10, 2019, Defendants D, C, and A, a victim H (20 years of age) in the vicinity of the F Station located in Yongsan-gu Seoul, Yongsan-gu, Seoul. Defendant D had a view to gathering a periodical liner in his/her table with his/her hand, and Defendant D showed his/her intention to hold the victim’s body in his/her hand, and the victim was pushed up his/her body, and Defendant C got the victim by gathering the salted fish in his/her table, and Defendant C got the victim into his/her hand, and Defendant C got the victim’s face as drinking.

Defendant B continued to take the head of the victim's head by her hand, and Defendant C collected her chair (no seat is dulled, dulled, etc.) which is a dangerous object on the floor by her hand, and had the victim use it on the floor in response to the victim.

After that, Defendant D reported that Defendant B met the face from the victim, and followed the victim's body by drinking the victim's body, the victim's face can be taken. Defendant C can take the victim's face by drinking, Defendant C can take the victim's face by drinking, and Defendant B again took the face from the victim, and the victim's face was taken by drinking.

Accordingly, the Defendants jointly carried dangerous articles and assaulted the victims, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. A suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes of the I;

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

A. Defendant A, B, and D: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; selection of fines

B. Defendant C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint assault), Articles 261 and 260(1) of the Criminal Act (a point of special assault).

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