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(영문) 서울중앙지방법원 2019.07.11 2019고정327
폭력행위등처벌에관한법률위반(공동폭행)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

Victims B and C are foreign students of Mongolian nationality who are friendly and the defendant and D are foreigners of Chinese nationality.

1. On November 10, 2018, at around 02:32, the victims suffered bodily injury, the victim B was in a trial and was pushed down with the defendant and D in the Jung-gu Seoul Central District of 44-ro 19-ro, Jung-gu, Seoul, and was tightly pushed down with the defendant and D, the victim B was tightly pushed down with d's spath, was tightly pushed back, the victim C was tightly pushed up with D's shoulder, and her face was tight twice.

As a result, the victims jointly caused two previous cases in front of the treatment days to the defendant, and caused the injury to the left-hand eye, caused the blood transfusion on the inside of the entrance, and caused the injury to D such as the snow on the left-hand side of the treatment days and the alcohol transfusion.

2. The Defendant and D’s assault Defendant and D, as in the same time and place as in the preceding paragraph, conflicted with the Defendant at the same time and place as in the preceding paragraph, the Defendant considered the face of the Victim C (23 years old) to be kneee, D considered the face of the Victim B (23 years old) to be drinking, and considered the head of the Victim C to be drinking.

Accordingly, the defendant assaulted victims jointly with D.

Summary of Evidence

1. A protocol concerning the examination of each police suspect against B, C, or D;

1. Report on internal accidents (Analysis of CCTVs at the scene of occurrence), investigation report (Investigation of CCTVs at the E-mogate), investigation report (Securing CCTVs if a suspect commits a crime), and the application of the Acts and subordinate statutes governing video CDs if the suspect commits the crime;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Punishment of Violences, etc., and Article 260 (1) of the Criminal Act;

1. A fine not exceeding 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59 (1) of the Criminal Act (including the first offender, and the extent of violence committed by the defendant compared to the degree of injury inflicted by the victims, etc.);

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