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(영문) 서울동부지방법원 2018.07.04 2017고단3844
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by imprisonment for four months, by a fine of 50,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. The Defendants violated the Punishment of Violences, etc. Act (joint assault) around 23:40 on October 9, 2017, around 2017, at the street in Songpa-gu Seoul Metropolitan Government, the victim D and snow bed, Defendant B was able to take a bath, and Defendant A was fright at the victim’s head, with the victim’s head. Defendant A was fright at the victim’s head, with the victim’s head, so that the victim does not escape, and Defendant A was able to fright the victim’s finger and fright the victim’s sexual organ with his hand, and the Defendants continued to fright the victim’s finger and fright the victim’s sexual organ.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant E could avoid disturbance, such as interfering with the duties (Defendant E) from the main point of “H” in the operation of the Victim G in Songpa-gu Seoul Metropolitan Government on October 10, 2017 to the point of “H” on October 10, 2017, Defendant E, by hand, was unable to avoid disturbance due to the following: (a) the victim’s distribution and loss; (b) the victim’s distribution and loss loss; (c) the twebbs were laid down onto the ground; (d) the tweeted the tweet; and (e) the employee I and other customers expressed a great voice

Accordingly, Defendant E interfered with the victim’s main business by force.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of the witness D;

1. Each police statement made to D or G;

1. Written Statement;

1. Application of Acts and subordinate statutes to a report on investigation (or an I relative investigation of a witness);

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, Article 260(1) of the Criminal Act (the point of joint assault) and Article 314(1) of the Criminal Act (the point of interference with duties) and each choice of imprisonment with prison labor

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and selection of fines

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. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant B);

1. Article 62 (1) of the Criminal Act (Defendant A) of the suspended execution;

1. Order of community service (Defendant A).

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