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(영문) 서울중앙지방법원 2016.07.14 2016고단2752
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendants shall be punished by imprisonment with prison labor for four months.

However, the defendant B is above one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to a suspended sentence of eight months for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Southern District Court on March 19, 2015, and was sentenced to a suspended sentence of two years for eight months. On October 15, 2015, Defendant A was sentenced to eight months for a crime of violation of the Narcotics Control Act at the Seoul Central District Court on October 27, 2016 and the said judgment became final and conclusive on January 27, 2016.

[Criminal facts]

1. On August 31, 2015, at around 23:00, Defendant A, a joint crime committed by the Defendants, sent the victim F (58 years of age) to the Heart toilet, “E” located in Gwanak-gu in Seoul Special Metropolitan City, and then sent back the victim’s face to her head,” and Defendant B took the victim’s face and body in combination with this. Defendant B took the victim’s face and body back to her body. Defendant B took the victim’s face back to her body after her head and her head when Defendant B took the part of the victim’s head once, and Defendant B took the victim’s chest and her chest.

Accordingly, the Defendants jointly assaulted victims.

2. On August 31, 2015, Defendant A’s sole crime committed an assault case at the said “E” club on August 23:40, 2015, and upon receipt of a report of 112, Defendant A used the name and resident registration number of Defendant A, stating the name and resident registration number of her pro-friendly J as if he/she was his/her J, and subsequently used it unlawfully.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning G and F;

1. Arresting a flagrant offender and investigation report (report, etc. on the situation at the time of mobilization);

1. Previous convictions in the judgment: A written reply to inquiries, such as criminal history, investigation report (verification of during the period of suspension of execution and of audit room), judgment text, and individual identification;

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