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(영문) 서울서부지방법원 2017.05.24 2017고단524
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

Defendant

A A is a person who enters and stays in the Republic of Korea on December 1, 2015 for the purpose of the Korean language study, etc., Defendant B is a person who enters the Republic of Korea for the purpose of tourism on December 23, 2016, with the nationality of Defendant A, who was staying in the Republic of Korea for the purpose of tourism on December 23, 2016, and F is a person who is the friendship of the Defendants and is staying in the Republic of Korea for the purpose of labor on June 30, 2015.

1. On February 12, 2017, around 02:30 on February 12, 2017, the Defendants jointly committed the crimes of the Defendants: (a) around the “H” club located in Yongsan-gu Seoul, Yongsan-gu; (b) around the day-to day-day F was at the center of the victim I (28 years old) and the victim J (27 years old); (c) on the ground that the Defendant was at the center of the victim I (28 years old) and the victim J was at the center of the center, and (d) the Defendant A was at the face of the victim J by drinking.

Accordingly, the Defendants jointly assaulted victims.

2. Defendant A’s sole crime committed by Defendant A, after completing fightings and fightings at the date and time, at the place, such as the said I and J, and without having taken part in fightings in each other in a different direction, Defendant A brought an injury to the victim K (27 years old) with the face of the victim K (27 years old) who controlled Defendant A by the said I andJ, on a one-time basis, and had the victim K undergo approximately 4 weeks of medical treatment.

Summary of Evidence

1. Defendants’ legal statement

1. Protocol concerning the interrogation of suspects by the prosecution against the Defendants

1. A protocol concerning the examination of each police suspect to F and J;

1. Statement made by the police against J, I, or L;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants of relevant legal provisions concerning criminal facts: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) A of the Criminal Act and Article 257(1) of the Criminal Act

1. Selection A of punishment: Imprisonment with prison labor and fine; and

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

1. Attraction of a workhouse (Defendant B) Article 70 of the Criminal Act.

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