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(영문) 서울중앙지방법원 2019.05.23 2018고정2713
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 3, 2018, the Defendant participated in an assembly held in the Seoul Square for the purpose of “C' release demands,” etc. as a member of the Party B, which was held in the Seoul Square.

On March 3, 2018, the Defendant was driving near E in Jongno-gu Seoul Metropolitan Government on March 17:13, 2018, and the victim F (the 21-year age), who was dissatisfied with the above assembly, was the victim F (the 21-year age), was unable to take part in the assembly assembly including the Defendant, and the Defendant was the victim of the assembly with his/her name-free son and her name-free son who took part in the interview (hereinafter referred to as "name-free winner"), and the victim was tightly pushed the victim's shoulder with his/her name-free son, and the name-free person was tightly pushed the victim's face part and neck with his/her hand, and the Defendant continued to injure the victim by his/her hand.

Accordingly, the defendant assaulted the victim jointly with the person who was not injured by his name.

Summary of Evidence

1. Each legal statement of witness G, F, H and I;

1. Each police statement made to I, F, and H;

1. A report on the occurrence of internal accidents and a report on internal accidents (related to the verification of CCTV images at the location of the incident, and the specification of suspected victims);

1. Report on investigation (report on the examination of CCTV related to specific relation of a suspect, fingerprint identification, results of appraisal, and CCTV related to joint assault against A of a suspect);

1. Photographs of the suspected person, or the suspect who assaults F of the victim;

1. The application of CD-related Acts and subordinate statutes, including images, on March 14, 2019 at the place of occurrence of the incident.

1. Articles 2 (2) 1 and 260 (1) of the Punishment of Violences, etc. Act concerning facts constituting an offense;

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

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Judgment on Application for Adjudication on Constitutional Court-Related Acts]

1. Article 2 (2) of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016) which is the premise of the instant case, stipulates that two or more persons jointly commit any of the following crimes shall be subject to aggravated punishment up to one half of the penalty provided for in the relevant provisions of the Criminal Act.

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