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(영문) 부산지방법원 동부지원 2019.10.16 2019고정280
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On November 21, 2018, at around 14:25, the Defendants: (a) committed assault against the victim E, who was under conflict in the business problem of the learning site in the south-gu Busan Metropolitan City, by stating, “I am string about a locked string, a changeer, and a call-down”; (b) Defendant A put the victim’s right hand hand on the part of the victim with the victim’s right hand, thereby preventing the victim from spreading and spreading it on two arms; and (c) Defendant B assaulted the victim by jointly putting the victim’s right hand on the part of the victim; (d) preventing the front end of the victim; and (e) putting the victim’s left part.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding F;

1. Application of investigation reports, photographs related to damage, CCTV-related Acts and subordinate statutes;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and the selection of fines for negligence

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing under Article 334(1) of the Criminal Procedure Act appears to have committed the same assault as indicated on the facts constituting an offense in order to deprive the victim of his/her physical freedom by forceing the victim’s body. Since physical and mental suffering is deemed to have occurred than simple assault, the sentence shall be determined as per Disposition in consideration of this.

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