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(영문) 창원지방법원 마산지원 2012.12.04 2012고정914
폭력행위등처벌에관한법률위반(공동폭행)등
Text

1. Defendant shall be punished by a fine of KRW 1,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

1. The Defendant, in collusion with B on April 23:10, 2012, from around 23:23:20 to 23:20 on the same day, entered the E-cafeteria operated by C victim D in Changwon-si, Changwon-si, for drinking together with daily activities, but the said victim was under the influence of alcohol, and thus, the Defendant stated that “I will not sell alcoholic beverages, and next me,” and the Defendant did not want to see “Ihhhhhhhhhhhhhhhhhhhhhn,” and interfered with the victim’s restaurant business by force by force, such as: (a) he tried to see that I would not sell alcoholic beverages to the above victim; and (b) did not sell it to the above victim; and (c) obstructed the victim’s restaurant business by force.

2. Violation of the Punishment of Violence, etc. Act (joint violence) and the victim F (33 years of age) who was a cafeteriar and a cafeteriar, as set forth in paragraph (1) at the same time and at a place as paragraph (1) and on the ground that the victim F (33 years of age) who was a cafeteriar and a restaurant driver reads the Defendant as “Is that Is that I am snick,” and the police officer called “B,” upon receiving a report, tried the said victim to take aboard the 112 patrol vehicle, he saw the victim as “where I want to escape.” The police officer called the victim to take the 112 patrol vehicle.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 314 (1) and 30 of the Criminal Act that choose a punishment, Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint violence), the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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