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(영문) 인천지방법원 2013.11.21 2013고단6061
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A shall be punished by imprisonment with prison labor for five months and by imprisonment for four months.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants, around 12:45 on August 22, 2013, were drinking alcohol at E restaurant located in Gyeyang-gu Incheon Gyeyang-gu Incheon, and Defendant A got out of the floor during the process of the Defendant’s booming off the physical disease on the ground that Defendant A was seen to have f, the next table customer, and the victim G, the F’s day-to-day behavior, was the Defendant A.

Accordingly, Defendant B got the victim's head by driving the head, and then sent the victim's face to drinking, Defendant A also took the victim's face to drinking, etc., and Defendant A continued to take the victim's face from drinking outside the restaurant.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A

A. The Defendant destroyed and damaged property by gathering two tables in total amount of KRW 120,000,00 in the market value of the victim H owned and two-three of the visitors in the market value, while fighting fightings, such as the physical size described in paragraph 1, at the same time and place as described in paragraph 1, at the same time and place as described in paragraph 1.

B. The Defendant assaulted the victims on the following grounds: (a) the victim F’s face that speaks in a fighting match, such as the statement in paragraph (1), at the same time and at the same place as the statement in paragraph (1); (b) the victim’s face to the right side of the victim I, and the left side side side part of the elbbow.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to H, F, and I;

1. Written estimate of damage;

1. Application of each statute on photographs;

1. Relevant Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Articles 260(1) and 366 of the Criminal Act (Joint Violence and Violence), Defendant B: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 260(1)3 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act

1. Aggravation (Defendant A): the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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