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(영문) 서울중앙지방법원 2014.05.08 2013고단5317
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant shall be punished by a fine of 5 million won. If the above fine is not paid, 50,000 won shall be one day.

Reasons

Punishment of the crime

"2013 Highest 5317"

1. On August 18, 2013, the Defendant: (a) at the convenience store located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, on August 18, 2013, the Defendant: (b) at the “C” convenience store; (c) there was a picture that the cash withdrawal machine, which is the ownership of the victim’s name and unclaimed boxes, does not work well; (d) the Defendant walked the cash withdrawal machine from a hand to a hand, and broken down the plastic screen that is the left half of the “SaTM” owned by the victim.

2. Violation of the Punishment of Violences, etc. Act (joint assault) requires the victim D (the age of 22) who discovered that the Defendant was damaged by cash withdrawal in his convenience store as described in paragraph (1) at the above time and place, and the victim D (the age of 22) demands compensation from the Defendant and the Defendant E, which would result in damage to the Defendant’s and the Defendant’s happiness, as they were at the time of the victim.

With the floor of hand, the victim's left side bucks at one time, and the defendant spabling the victim's bucks at one time, and in other words, E was shaken the victim's hair.

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

around 21:00 on December 21, 2013, the Defendant used the term “Gju” located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City F, and used the alcohol together with the victim H(the age of 41) to take a bath to the victim I, who is the owner of the business, such as “year, day, day,” and used the alcohol to assault the victim at the time of five times the head of the victim by using his hand after he was on the floor.

Summary of Evidence

[2013 Highest 5317]

1. Partial statements of each police suspect interrogation protocol of the defendant and E;

1. Statement made to D by the police;

1. A criminal investigation report (CCTV image report, and the contents of photographing by CCTV image time zone);

1. Application of Acts and subordinate statutes to H written statements;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Articles 2 (2) and 366 of the Criminal Act, Articles 260 (1) and 366 of the Criminal Act;

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

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

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