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(영문) 서울북부지방법원 2015.03.10 2014고정2906
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of 1.2 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Around 02:00 on September 26, 2012, the Defendant violated the Punishment of Violences, etc. Act (joint assault) committed a assault, such as: (a) in collaboration with C, on the ground that the Defendant, a single-class E on the street in front of the Seoul Central-gu Seoul Central-gu, took the part in the victim F’s vehicle, and (b) took part in the victim F’s vehicle; (c) C was able to boom the victim F’s breath by taking away the bridge, and then, the Defendant committed a assault, such as: (a) flaging the victim F’s blaps; and (d) flae kne, printing the chest with the victim F’s kne.

2. The Defendant damaged property by setting up the cellular phone at the time, time, and place as mentioned in the above paragraph (1) and at the same time, the female-friendly group of the victim F with intent to make a report to 112 on the victim F mobile phone owned by the victim F, and by shouldering the amount of money, thereby damaging the property so as to cover approximately KRW 1,70,000 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against C, F, and E;

1. A written statement of F, E, and G;

1. Application of Acts and subordinate statutes to photographic materials of damaged articles;

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act (wholly amended by Act No. 12896, Dec. 30, 2014); Article 2(1)1 of the Criminal Act (wholly amended by Act No. 12896, Dec. 30, 201); Article 260(1) of the Criminal Act (Joint Violence); Article 366 of the Criminal Act; 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 (1) 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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