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(영문) 부산지방법원 2017.04.20 2016고정4019
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Criminal facts

Some of the facts charged were corrected.

1. On July 18, 2016, around 22:45, the Defendant: (a) considered the Defendant, who was under the influence of alcohol on the road in front of the complex complex complex 98, Busan Young-do, Busan Young-do; (b) considered that the Defendant was the victim D (27) while breading the victim’s her buck, the Defendant sustained an injury, such as an internal scam and scambling, which requires approximately two weeks of treatment on the part of the victim.

2. Defendant B and Defendant A, who received a claim from the victim D (27 years old) who was assaulted as described in paragraph (1) at the time and place specified in paragraph (1), committed the crime by Defendant B and Defendant A, who was able to take the breath of the above victim’s body, and Defendant B, together with this, frighted the body of the above victim E (25 years old) with the victim E (25 years old) who was the first fright of D, and Defendant B, together with this, committed the act of assaulting the body of the above victim, and Defendant B committed the crime, such as frighting the body of the above victim at several times.

Accordingly, the defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ legal statement

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Investigation report (to listen to a statement by a shot phone), investigation report (to listen to the statement by the Eline);

1. Application of Acts and subordinate statutes to each medical certificate bound to a criminal investigation report (not more than 29 pages of investigation records) and each medical certificate bound to a criminal investigation report (not more than 81 pages of investigation records);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (elective selection of punishment)

B. Defendant B: Article 257(1) of the Criminal Act (the point of injury), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and each fine is selected.

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) 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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