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(영문) 수원지방법원 2017.02.02 2016고단7195
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A A shall be punished by a fine of KRW 3 million and by a fine of KRW 2 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On November 5, 2016, the Defendants were in violation of the Punishment of Violences, etc. Act (joint assault) on the ground that at around 04:00 on November 5, 2016, the victim F (43 tax) who is an employee at the D 3rd floor E business establishment in e-mail was infinite, and the Defendant A was infinited with the victim’s right shoulder by hand, and Defendant B was infinited with the victim’s right shoulder by hand, and Defendant B was infinited with the victim’s head debt.

Accordingly, the Defendants jointly assaulted the victim.

B. The Defendants: (a) assaulted F at the date and time, at the place, as described in paragraph (1)(1); (b) interfered with the business, the victim G, the business owner of G, was laid on the floor of the Kabropoter, such as a urier, telephone flag, etc. being laid on the floor; and (c) took a bath, thereby getting customers out of the business place.

As a result, the Defendants conspired to interfere with the business of the injured party's marina business by force.

2. On November 5, 2016, Defendant B, at the foregoing E business establishment around 04:30 on November 5, 2016, the Defendant publicly insultingd the victim I, a police officer belonging to the H District Police Station of the Sungdong Police Station of the Sungdong-dong Police Station, who was dispatched after receiving a report of 112 among G and F’s compliance.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement in F and G preparation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Articles 314 (1) and 30 of the Criminal Act, Article 214 (2) 1 of the Criminal Act, and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 314 (1) and 30 of the Criminal Act, and Article 260 (1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, and Article 31 of the selection of fines;

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

1. Defendants to be detained in the workhouse: the Criminal Act.

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