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(영문) 서울동부지방법원 2019.03.28 2018고단3809
폭행등
Text

Defendant

A shall be punished by a fine of KRW 500,00, Defendant B and C, respectively, by a fine of KRW 300,000.

The Defendants respectively.

Reasons

Criminal facts

1. At around 02:51 on April 22, 2018, Defendant A- the injured Defendant: (a) suffered injury, such as dystropha, in which the victim I (the 24 years old, the 24 years old, the same day, the suspension of indictment on the same day), G (the suspension of indictment on the same day), and H (the suspension of indictment on the same day) went into trial on the following issues: (b) the face of the victim I (the 24 years old, the 24 years old, the suspension of indictment on the same day) who frying alcoholic beverages in the “Eju shop” located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

2. Defendant B, C’s joint criminal conduct - Violation of the Punishment of Violences, etc. Act (joint assault) (joint assault) was jointly committed by Defendant B and C, and Defendant A, at the time and place specified in the above 1.1. The date and place, as described in the above 1.1., knew that Defendant A was assaulted by the victim F, G, and H during the time and place, as described in the above 1.

Summary of Evidence

1. Defendants’ statement in court (third trial date) (the Defendants’ statement in the first trial record)

1. Each police suspect interrogation protocol of F, G, and H;

1. Investigation report (verification of CCTV images within the E-state store);

1. An investigation report (verification of a medical certificate for injury);

1. Application of Acts and subordinate statutes concerning investigation reports (medical certificates);

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 257(1) of the Criminal Act (Selection of Fine);

(b) Defendant B and C: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

1. Aggravation of concurrent crimes (as regards the defendant B and C), the former part of Article 37, Articles 38 (1) 2 and 50 of each Criminal Act (as regards the defendant B and C, the aggravated punishment of concurrent crimes against the crime of violation of the Punishment of Violences, etc. against Victims G with the largest punishment);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, each of the orders to make provisional payments (the defendants);

1. The defendant A first expressed the victim F’s desire to do so.

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