Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Punishment of the crime

[2017 Highest 2814]

1. On January 6, 2017, the Defendant: (a) sent the victim C (n, 41 years of age) at the front of the 2nd square of the Incheon Dong-gu, Incheon Metropolitan City, the 4-dong Coastgate, and (b) committed assault by booming the victim’s breath by destroying the breath, which was imposed upon the victim C’s report prior to the imposition of the administrative fine.

2. Defendant A, at the time and place specified in paragraph (1), committed assault against the victim B (the victim 24 years old) by reporting that the victim C was subject to such assault from the victim B (the victim 24 years old), and assaulted in excess of the victim B.

[2017 Highest 4911]

3. 피고인 B 피고인은 2017. 6. 21. 15:53 경 인천 동구 수문 통로 4에 있는 동인 천역 북 광장에서 특별한 이유 없이 피해자 C( 여, 41세 )에게 “ 씨 발년, 개 썅 년” 이라고 욕설을 하면서 위험한 물건인 나무 막대기를 들어 피해자를 때릴 듯이 위협하며 바닥을 2회 내리쳐 협박하였다.

Summary of Evidence

[Judgment 1] Facts (2017 order 2814)

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Statement made by the police with respect to C [The facts listed in Decision 2-2 (Seoul High Court Order 4911)]

1. Defendant B’s legal statement

1. Application of the police statement protocol law to C

1. Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) (the point of violence) of the Criminal Act; Articles 284 and 283(1) (the point of special intimidation) of the Criminal Act; the choice of a fine;

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

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

1. Defendants of the provisional payment order: (a) the Defendants’ grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognized their mistake and reflects the Defendants; (b) the circumstances leading up to each crime; and (c) the crimes committed during the period of suspended execution in the case of Defendant B (the instant judgment became final and conclusive on October 28, 2016, by which the court was sentenced to one year of suspended execution to four months of imprisonment for fraud and was sentenced to one year of suspended execution on October 28, 2016).