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(영문) 수원지방법원 성남지원 2014.08.19 2014고정298
폭력행위등처벌에관한법률위반(공동폭행)
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1. The Defendants shall be punished by a fine of one million won.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A and B violated the Punishment of Violences, etc. Act (joint assault) around 22:00 on June 24, 2013, Defendant A leased and used the above restaurant at H 1st floor in Sungnam-si, Sungnam-si, and the victim C did not pay taxes for five years. Defendant A was able to take the part of the victim C at his hand, walking the left part of the part of the victim C at his hand, walking the left part of the part of the victim D at three times with his hand, and Defendant B was tightly pushed the victim C with his hand, and the victim’s shouldered the victim C at one time with his hand.

The Defendants jointly assaulted the victims as above.

2. Defendants C and D violated the Punishment of Violences, etc. Act (joint assault) and the Punishment of Violences, etc. Act (joint assault), at the above date, at the above time, and at the above place, Defendant C sealed the body of the victim A by hand, and called the victim B who was on board the vehicle to get off the vehicle, and carried the arms to the victim B. Defendant D, in combination with the above, got off the victim B’s arms and pushed off the face of the victim B by hand.

The Defendants assaulted the victim A in common as above, and got the victim B with a multi-malopic tymmetric disorder, such as an inner part, which requires approximately two weeks of treatment.

Summary of Evidence

【Defendant A and B’s Criminal Facts】

1. Each legal statement of witness C and D;

2. The CD [criminal facts committed by the defendant C or D]

1. Each legal statement of a witness A and B;

2. A suspect interrogation protocol of the police officer;

3. The CD;

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

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (Selection of Fine) Defendant C and D: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act (Selection of Fine)

2. Defendant C and D among concurrent crimes: the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act.

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