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(영문) 서울서부지방법원 2019.08.21 2019고단1667
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000, and Defendant C shall be punished by a fine of KRW 700,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A and B’s co-principal offenders are siblings.

On December 21, 2018, around 01:40 on December 21, 2018, Defendants and the victim of Yongsan-gu Seoul Metropolitan Government D meta with the victim on the ground that the victim C (ma, 47 years old) was in the E-cafeteria operated by Yongsan-gu, Seoul, and the victim’s wife at the request of the victim who was under ice metacy.

Accordingly, Defendant A spawdddd the victim by hand, and Defendant B jointly committed violence to the victim by breathing the victim’s breath.

2. The Defendant C, at the time and place set forth in Paragraph 1, committed each assault against the victims, i.e., the victim A (ma, 53 years of age), the victim B (ma, 57 years of age), and the victim B (ma, South and 57 years of age), with the victim’s hand, and the victim’s disease, which is a dangerous object.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Application of CCTV Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

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

B. Defendant C: Articles 261 and 260(1) of the Criminal Act; selection of fines

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act are when committing the crime; the Defendants do not want the punishment by mutual consent; and the Defendants’ age, character and conduct, environment, motive and background of the crime, means and consequence of the crime; and the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, shall be determined as ordered by taking into account the following factors.

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