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(영문) 서울중앙지방법원 2016.02.15 2015고정1048
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the borrower of the Kusa car in C, and D is the substitute driver.

1. On December 11, 2014, the Defendant and D’s joint criminal defendant had D drive a cub car above, and the Defendant was boarding the cub on the cub, and the Defendant was passing the 222-day road front of the death distance of the victim E (66 years old) in accordance with the distribution of Seocho-gu Seoul, Seocho-gu, Seoul, while the Defendant was passing the 222-year road in front of the death distance of the sexual mother hospital, the Defendant was able to make it clear for him to have the date of the accident.

Accordingly, the defendant and D set the difference in front of the above taxi in the future, and the defendant, by his hand, has sleeped the victim's buck with his hand once, and slicked the breath, and d d with his breath, carried the victim's breath with his hand.

Accordingly, the defendant assaulted the victim jointly with D.

2. The Defendant solely committed the Defendant’s act of assaulting E along with D at the time and place described in the preceding paragraph, and at the same time, he taken the victim G (43 years) who was boarding the said taxi as a customer, and recorded the Defendant “I reported to the police.”

In order for the victim to be able to take a bath of the defect, “pulp, to the conclusion of the judgment,” the victim’s brupted cell phone, thereby destroying the victim’s cell phone so that it can be damaged to the extent equivalent to 60,000 won at its repair cost, thereby undermining its utility, and assaulting the victim’s brue by hand at hand.

Summary of Evidence

1. Legal statement of witness G;

1. Statement made by the police with regard to E (admitting admissibility of evidence pursuant to Article 314 of the Criminal Procedure Act);

1. The application of Acts and subordinate statutes to a written estimate for investigation report;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (a) of the Criminal Act; Article 366 of the Criminal Act; Article 266 of the Criminal Act; Article 260(1) of the Criminal Act (a) of the Criminal Act; Article 260(1) of the Criminal Act; Articles 260(1) and 261 of the Criminal Act of the same Act; the selection of fines

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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