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(영문) 대구지방법원 2013.11.01 2013노798
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the facts charged as well as the Defendant, F, and B are members of the Bak-dong Society such as Victim E (Inn, 25 years of age), F and the victim were pets.

As F, the Defendant met another male with F while returning to the Republic of Korea, and heard the question that the Defendant and B had an interview with him, and confirmed whether the victim was actually in fact. A.

On June 6, 2012, the Defendant violated the Punishment of Violences, etc. Act (joint confinement) jointly with F and B, from the Defendant’s work room located on the first floor below the Hridge building located in Daegu-gu, Daegu-gu, about 19:30 on June 6, 2012, the Defendant demanded the victim to talk about male relations, and detained the victim by forcing the victim to take the cell phone and key of the victim over about 12 hours from around 07:30 of the following day, and allowing the victim to take out of the work room.

B. On June 7, 2012, the Defendant violated the Punishment of Violences, etc. Act (joint injury) requested the victim E to prepare a letter of misunderstanding his/her own misconduct in the above workroom around 03:00 on June 7, 2012, but the victim refused to do so. F was scambling the victim’s head and scambling, and scambling the victim’s head, knife the victim’s knife, and knife the victim’s knife, and scambling the victim by assaulting the victim several times with the Defendant and B, thereby causing injury to the victim, such as multiple scam

2. The lower court found the Defendant guilty of the crime of violation of the Punishment of Violences, etc. Act (joint confinement), but found the Defendant guilty of only the crime of assault on the ground that the Defendant did not participate in the F’s assault but did not take part in the assault prior to the assault, and that there was an interval between F’s assault and the Defendant’s motive, and that the motive differs, and found the Defendant guilty of the violation of the Punishment of Violences, etc. Act (joint injury).

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