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(영문) 서울남부지방법원 2016.11.10 2016고정1230
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are working in a way between friendship and the victim D(32 years of age) and the victim E(n, 28 years of age).

1. The Defendants’ collaborative act around 02:25 on March 4, 2016, on the street in the city of “G” located in Gangseo-gu Seoul Metropolitan Government F, were under the influence of alcohol, and the Defendants argued that Defendant A would walk with his shopping bags.

그런데 위 쇼핑백에 들어있던 도시락 통이 튕겨나가 마침 위 술집에서 나오던 피해자 E의 몸에 맞게 되었다.

Defendant B, who observed this, had been aware of the fact that the victim D was sent to the victim, and the victim D and the victim E were fine, and left the match, but the defendant A stated, "I do not send a crime to the victim as to whether the crime was sent to the victim, and not send a crime in the course of sending it to the victim."

During that period, Defendant B, who was "I am off," refers to "I am off the victim's body by drinking, was pushed down with the victim's body after drinking, and Defendant B also am together with the victim D, and was in his body after drinking the victim D's face was tightly sealed, sealed the victim D's face.

Accordingly, the Defendants jointly assaulted the victim D.

2. Defendant A’s sole act assaulted Defendant A when and at the time and place set forth in the above paragraph 1, Defendant A used the victim E’s face to drink the victim E’s right face.

Summary of Evidence

1. Defendants’ respective legal statements

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A H statement;

1. Application of the Acts and subordinate statutes governing victims, D photographs/suspect A, and D photographs;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 260(1) of the Criminal Act, Defendant A who selects each fine: Article 260(1) of the Criminal Act (the point of single assault) and the selection of fines;

1. A aggravated criminal defendant A: the former part of Article 37 and Article 38(1)2 of the Criminal Act;

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