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(영문) 인천지방법원 2014.11.06 2014고정3295
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. The Defendants jointly committed a violation of the Punishment of Violences, etc. Act (joint assault) and jointly committed a violation of the victim E and the body of the victim while danced at the D main outlet located in the Namdong-gu Incheon Metropolitan City on January 26, 2014. Defendant B was faced with the victim E and the body of the victim during the D main outlet located in the Namdong-gu Incheon Metropolitan City on the ground that the above victim E and the body met. Defendant B was tight at the stheme, pushed the chest of the above victim at the stheme, pushed the head before the elevator of the first floor. Defendant A was tightly pushed the victim’s chest at the stheme, pushed the victim’s hair before the elevator of the first floor and pushed the head.

Accordingly, the Defendants jointly assaulted the victim E.

2. 폭력행위등처벌에관한법률위반(공동상해)의 점 피고인들은 공동하여, 전항 기재 일시 장소에서 위와 같은 이유로, 피고인 B은 엘리베이터 안에서 피해자 F(여, 24세)의 머리채를 잡아 흔들고 발로 다리를 수회 걷어찬 뒤 1층 엘리베이터 앞에서 다리를 발로 차고, 피고인 A은 홀에서 위 피해자의 얼굴을 1회 때리고 엘리베이터 안에서 머리채를 잡아 흔든 뒤 발로 다리를 수회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim F, such as the influoral and sub-influoral dives, the anti-influoral dives of both sides and sub-influoral dives of the left parts, and the re-influoral divated dives

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of E and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 257 (1) of the Criminal Act and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act for the detention in a workhouse (defendants).

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