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(영문) 서울동부지방법원 2018.11.02 2018고정630
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 21, 2017, at around 00:05, the Defendant: (a) committed assault against the victim’s face and body by drinking and so on during the dispute between the Defendant and D, who was working within the main point of the Gangdong-gu Seoul Metropolitan Government B 3’C’s “C” of the victim E (27’s age).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on E/Myeon photographs;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On December 21, 2017, around 00:05, the charges of this part of the charges, D followed the appearance of the victim E (27 years old) within the main point of Gangdong-gu Seoul Metropolitan Government B 3’s B’C on December 21, 2017, and was in dispute with each other. D used the victim’s hair and flat to take the head of the victim E and take the face of the victim E (27 years old) at a time when he/she took the head of the victim E and took the head of the victim E and took the face of drinking, and assaulted the victims by jointly taking the victim’s face and body due to drinking and flat.

2. Article 2(2) of the Punishment of Violences, etc. Act provides that “When two or more persons jointly commit a crime of injury or assault” requires that there exist the so-called co-offender relationship between them. In addition, several persons are aware of the crime committed by another person at the same time and at the same place, and used it to commit the crime (see Supreme Court Decision 2013Do4430, Nov. 28, 2013). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, evidence alone submitted by the prosecutor was aware of D’s assault in the same opportunity at the same place as D at the time when the Defendant exercised the assault and assaulted the victim E by using it.

It is insufficient to recognize.

① According to C’s CCTV images, D and victim E, before the entrance of main office, take a drinking face.

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