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(영문) 서울중앙지방법원 2015.11.13 2015고정3901
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

B The defendant C shall be punished by a fine of KRW 300,000,000,00,000.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

Defendant

B and C jointly, around 09:10 on March 7, 2015, the business-related problem in the E parking lot located in Gwanak-gu in Seoul Special Metropolitan City, was brought to the dispute, and the defendant B took the part of the head of the victim A (ma, 41 years old) by hand, and the defendant C pushed down the part of the victim A's chest on several occasions.

Accordingly, Defendant B and C jointly committed assault to Victim A.

Summary of Evidence

1. Each legal statement of the defendant B and C

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes to investigation reports (CCTV image verification);

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

1. Defendant B and C at a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant B and C of the provisional payment order: The gist of the part dismissing the prosecution of the instant indictment of Article 334(1) of the Criminal Procedure Act in the indictment of this case is that Defendant A committed assault, such as the time and place indicated in the judgment of Defendant A, the shoulder of the victim B (the South, 58 years old) in his hand, and the breath of breath by breathing bom.

This can not be prosecuted against the victim's explicit intent.

However, on October 21, 2015, the victim B withdrawn his wish to punish Defendant A after the prosecution of this case was instituted.

Therefore, the prosecution against Defendant A is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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