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(영문) 서울동부지방법원 2015.11.19 2015고단1856
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 700,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

D around 00 00:40 on June 7, 2015, while getting on a low-est motor vehicle near the waters located in the 110-ro 110, Seongdong-gu Seoul, Seongdong-gu, Seoul, for the reason that the victim E (18 years of age) would be a trial cost for the reason that the victim E (18 years of age) would operate the Obaba, and after getting off from the said motor vehicle, he saw the victim E heading on the above Obaba.

Defendant A and B, who was passing around the bed place, observed the dispute between the victim E and the Silver, as seen above, and added to D. Defendant A was shaking the victim E’s breath, and the victim F (18 years old)’s face, the victim E, who was the victim’s f (18 years old) by drinking, and Defendant B was pushed the victim E’s chest by hand.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Some of the statements made by the Defendants in the police interrogation protocol (including E and F respective statements)

1. Some statements made in the police interrogation protocol regarding D;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to photograph victims;

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

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

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 Defendants had the same criminal records, which are disadvantageous to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; all the Defendants committed each of the instant crimes without any particular reason; each of the instant crimes committed by the Defendants, who committed violence against the victims, without any specific reason, appears to be against the Defendants’ mistake as a substitute.

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