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(영문) 서울중앙지방법원 2016.02.04 2015고정3240
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 800,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On June 23, 2015, Defendant A violated the Punishment of Violences, etc. Act (joint assault) assaulted the victim F in the course of paying the drinking value at G cafeteria operated by the victim F (36 years old) located in the E market located in Dongjak-gu Seoul Metropolitan Government (hereinafter referred to as the “F”) on June 23, 2015, in the course of dispute with the victim F as it was not immediately aware of the card, and thus, the victim F was satisfed by hand, raising the chair in the course of dispute with the victim Fsatisf, raising the chair in the restaurant twice, taking the victim Fsatisf by hand, taking the victim Fsatisf by hand, and Defendant B sated the victim Fs at his body while two people fight.

Accordingly, the Defendants jointly assaulted the Victim F.

2. On June 23, 2015, Defendant A assaulted twice the victim I (24 years old)’s face working as security personnel at the H Hospital emergency room located in Dongjak-gu Seoul Metropolitan Government without any reason.

Summary of Evidence

1. Each legal statement of the witness F and I (for the defendant A, the witness F and the witness examination protocol outside the trial date for the defendant I);

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of Acts and subordinate statutes of the I;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (the point of joint assault) (the point of joint assault); Article 260(1) of the Criminal Act (the point of assault) and each fine is selected.

B. Defendant B: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1) of the Criminal Act; Article 260(1) of the Criminal Act; selection of fines

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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