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(영문) 서울남부지방법원 2014.08.11 2014고정1167
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 2,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants and D, around 08:00 on August 17, 2013, at the F restaurant located in Geumcheon-gu Seoul Metropolitan Government, expressed a desire to dispute with the restaurant operator and credit problems, and the Defendant B, under the influence of alcohol, took the part in the table of the victim G (34 years old) who was a restaurant customer, was the victim, who was under the influence of alcohol, and led the victim out of the restaurant. The Defendants A and D were able to look back with the victim's body by drinking and sprinking the breath of the victim, and the Defendant A and D were able to look back with the victim's body by drinking and sphering.

In this way, the Defendants assaulted the victim jointly with D.

2. The Defendants and D, at the time and time as described in paragraph 1, assaulted G in front of the F cafeteria, as described in paragraph 1 in front of the entrance, and destroyed that the market price is 500,000 won by breaking the stacks of the victim H on the building in front of the F cafeteria.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of witness G and H;

1. Each police interrogation protocol on G or D;

1. Each police statement made to I and J;

1. Photographs that causes damage to property;

1. Application of the written estimate for damage;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault), Articles 366 and 30 of the Criminal Act (the point of destruction and damage of property), the selection of each fine;

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: Article 334(1) of the Criminal Procedure Act

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