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(영문) 창원지방법원 2015.07.08 2015고정91
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Victim D(37 years of age) is an urban bus engineer No. 58 who operates the Kim Sea and Changwon, and the Defendants are the proxy driver on duty.

On August 8, 2014, at the end point of the city bus No. 58 located in the Kim Jong-dong, Kim Jong-si, Kim Jong-si, around 08 on August 8, 2014, the Defendants: (a) boarded in the city bus No. 58 on the part of the victim's driver while drinking alcohol at the bus No. 58 at the stop near the upper south-dong, Sung-gu, Sung-si; and (b) when the victim was seated in the seat at the bus at the bus No. 58 on the part of the victim's driver's seat while drinking alcohol at the stop near the upper south-dong, Seo-gu, Seo-gu, Seo-gu; and (c) after getting off the bus from the bus above to the end point of the bus above, Defendant A was tightly sealed two times with his head; and (d) Defendant B was able to combine with it and caused the victim's neck once.

Ultimately, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness D;

1. Application of Acts and subordinate statutes to CDs (booms and video files);

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, each of the choice of punishment, and Article 260 (1) of the Criminal Act;

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

3. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders.

4. Articles 186 (1) and 187 of the Criminal Procedure Act, each of the costs of lawsuit;

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