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(영문) 서울북부지방법원 2016.11.10 2016고단2520
폭력행위등처벌에관한법률위반(공동폭행)
Text

1. The punishment against Defendant A shall be determined as a fine of KRW 1,00,000 (one million);

Defendant

A does not pay a fine.

Reasons

Punishment of the crime

The defendants were residing in Seongbuk-gu Seoul underground, and the victim E (the age of 42) resides in the first floor of the same building, and there was a dispute over the noise problem between ordinary stories.

On May 7, 2016, at around 22:45, the Defendants asserted the noise problem between the victim and the Defendant A, and then, the Defendants informed the Defendant B of the entrance into the house, thereby leaving the house, and then Defendant A was flicked with the flat of the victim, Defendant B was flatd with the flat of the victim, Defendant B was flatd with the victim’s flat, and the victim was flatd jointly with the victim’s bat.

Summary of Evidence

1. Defendants’ legal statement

1. Entry of the police interrogation protocol regarding E;

1. Application of the Acts and subordinate statutes on images of CCTV-capes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention in a workhouse (Defendant A);

1. Suspension of execution (Defendant B) Article 62 (1) of the Criminal Act (In light of the fact that an error is committed, motive and degree of assault);

1. An order of provisional payment (Defendant A) Article 334 (1) of the Criminal Procedure Act;

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