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(영문) 서울북부지방법원 2018.06.15 2017고정2154
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 4,000,000, by a fine of KRW 1,000,000, and Defendant C shall be punished by a fine of KRW 1,00,00.

Reasons

Punishment of the crime

1. Defendant A’s assaulted Defendant A around 11:50 on June 25, 2017, at the “G” restaurant operated by the victim F (75) in Seoul Special Metropolitan City, Nowon-gu, for the reason that Defendant B, C, and food and drinking are talked with a large voice, and Defendant A was demanded from the injured party to “bruptly change” on the ground that he/she is bad and bad.

Doz.;

In our country, we also stated that the victim is a guest, and we see the victim by hand, and move out of the restaurant continuously, and the victim assaulted the victim, such as the victim's hand before the macker restaurant, the victim's blick part of the macker, and walking the macker part of the macker.

2. The Defendants violated the Punishment of Violences, etc. Act (joint assault) against the Defendants: (a) the victim H (41) who was an employee in front of the restaurant at the temporary place in the preceding paragraph; and (b) the Defendants “I Don Don Don.

Defendant A, on the ground that he was described in the paragraph (1) of this Article, marks the victim’s breath with bat, Defendant B dumped the victim’s face with drinking, and Defendant C d dumped the victim’s bat.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The defendant A and B's legal statements

1. Defendant C’s legal statement

1. Each legal statement of witness F, H and I;

1. A protocol concerning the interrogation of a suspect against Defendant C;

1. Each police statement made to F and H:

1. A H statement;

1. Application of video CCTV- CD-related Acts and subordinate statutes;

1. Relevant Article 260 (1) of the Criminal Act (the point of violence) and Article 260 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence) and Article 260 (2) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines and the defendant B, and Article 3: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, each selection of fines;

1. Aggravationd concurrent crimes and Defendant A: the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act;

1. Attraction of a workhouse;

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