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(영문) 서울북부지방법원 2017.03.14 2017고정175
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of one million won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A is a person who engages in real estate leasing business, and Defendant B is a family owner, and the Defendants are the married couple.

On October 18, 2016, at around 21:00, the Defendants parked the vehicle to the victim D (26 tax) who resides in the same building in the first floor of the Seoul Jung-gu Seoul Metropolitan Government building C, the first floor of which is located in the same building, and the Defendants called “hicker for face” and called “hicker for face” by Defendant A, and Defendant A did not wick the victim “hicker for face,” and Defendant A did not wick back to the victim.

“The victim shall be deemed to be the victim.”

On the other hand, Defendant B, who was on the part of the defect that he tried to report as a mobile phone, continued to expand the cell phone to the floor and cut off the victim’s chest and the lower part of the chest and the lower part of the victim’s chest by hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Photographs of the upper part of the victim's neck;

1. Application of the law of the police statement protocol to D / [Defendant A]

1. Article 2 (2) 1 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the choice of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act / [Defendant B]

1. Article 2 (2) 1 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the choice of a punishment);

1. A fine not exceeding 500,000 won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Pronouncement of Sentence (including the following facts: the defendant reflects his mistake, the degree of participation in the crime

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