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(영문) 서울동부지방법원 2016.11.23 2016고단2721
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendants shall be punished by each fine of KRW 4,000,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. On January 31, 2016, the Defendants violated the Punishment of Violences, etc. Act (joint violence) : around 04:10, on the ground that the victim E (the age of 48) under the influence of alcohol in Gangdong-gu Seoul Metropolitan Government D was frighted to the Defendants, who were under the influence of alcohol in the street, Defendant A was pushed the victim’s body by hand, Defendant B was pushed the victim’s body with Defendant B’s hand, and the Defendants continued to breath the victim’s flap.

Accordingly, the Defendants jointly committed assault to the victim as above.

2. On January 31, 2016, the Defendants violated the Punishment of Violences, etc. Act (joint residence) opened a gate that was not corrected for the purpose of raising medicine to the drunk victim’s house located in Gangdong-gu Seoul, Gangdong-gu, Seoul, and entered into the house of the victim at will.

Accordingly, the Defendants jointly invaded the victim’s residence as above.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Examination protocol of suspect E by the prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on internal investigation reports (CCTV image analysis);

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Articles 260 (1) and 319 (1) of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A was punished several times for the same crime, and Defendant B was re-offending even during the suspension period for the same crime. However, even though the Defendants led to the confession and reflect of the crime in this case, the victim does not have to be punished against the Defendants.

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