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(영문) 서울동부지방법원 2018.06.11 2017고단3142
폭력행위등처벌에관한법률위반(공동재물손괴등)
Text

Defendant

B KRW 4,000,000, Defendant C’s fine of KRW 3,000,000, Defendant E is a fine of KRW 2,000,00.

Reasons

Punishment of the crime

[criminal history] On May 31, 2013, Defendant C was sentenced to imprisonment for two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, etc. at the Seoul High Court (hereinafter “Seoul High Court”) and completed the execution of the sentence at the Jung-gu prison on November 29, 2014.

[Criminal facts]

1. Defendants B, C, D, E, and F’s joint crimes [the violation of the Punishment of Violences, etc. Act (joint injury) and the Punishment of Violences, etc. Act (joint assault)] around 15:00 on April 25, 2017, the Defendants attempted to stop the Victim H, B, C, and E from the opening of the guard room in front of the 1st floor guard room in Gangdong-gu Seoul Metropolitan Government G building. Defendant F led the victims of the victim’s first body. Defendant D led the victim H to the subsequent body, Defendant E used the victim’s arms, and Defendant C destroyed the victim’s body h.

As a result, the Defendants assaulted the victim I in common, and inflicted injury on the victim H, such as the 10s,00s, which require approximately eight weeks of medical treatment.

2. Defendant B’s sole crime [injury] and at the time and place set forth in the preceding paragraph, the Defendant inflicted an injury on the victim, i.e., the victim J obstructed the victim from taking the front of a re-motor vehicle guard room by force, thereby making approximately three weeks of treatment.

Summary of Evidence

1. Each legal statement of the defendant C, D, E, and F

1. The defendant B's partial statement

1. Each legal statement of the witness H and J;

1. A protocol concerning the examination of each police suspect with regard to I and H;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to each medical certificate and each opinion;

1. Relevant legal provisions concerning criminal facts;

A. Defendant B, C, D, E, and F: Selection of each fine in excess of Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) of the Punishment of Violences, etc. Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 260(1) of the Criminal Act

B. Defendant B: Article 257 of the Criminal Act.

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