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(영문) 인천지방법원 2016.07.22 2015고정3326
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 3, 2015, at around 10:35, the Defendant, along with C on July 10, 2015, told “E” restaurant run by the Defendant located in Nam-gu Incheon Metropolitan City, as a matter of ownership of the victim F (32 tax) and the coffee set up in the said restaurant, and the Defendant, while making a dispute, the Defendant led the victim to both descendants, and C was sealed by the victim’s hand.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. Application of the law of the police statement protocol to F;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of fines, etc.

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment is based on the following: (a) the Defendant and the defense counsel merely tried for the victimized person to interfere with the restaurant business and thereby make the injured person out of the restaurant business one time; (b) thus, it does not constitute an assault; and (c) each act committed by the Defendant and C does not constitute a joint act with the Defendant

It argues that the illegality is excluded as a legitimate act that does not violate social rules.

However, in the course of investigation, C recognized the fact that he was frighten of the victim's chest while pushing the victim's chest, and at the time, the defendant stated to the effect that he assaulted the victim's finger, the defendant also recognized the fact that he was frighten of the victim, and at the time, the defendant and the victim were in a dispute over the problem of coffee's ownership of coffee, and hump, etc., it can be sufficiently recognized that the defendant committed assault by leading the victim's finger.

In addition, at the time.

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