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(영문) 인천지방법원 2019.10.08 2019고단599

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A shall be punished by a fine of KRW 3,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On December 29, 2018, the Defendants’ co-offendered the victim’s “E clubs” position on the front side of Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, in order to listen to the victim’s reflect. However, Defendant A made two times the victim’s left face on drinking, and Defendant B, who was next to the Defendants, assaulted the victim’s left face on one occasion by drinking.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A’s sole criminal conduct committed assaulted by Defendant A with the victim F of D’s daily conduct at the time, place, and place described in paragraph 1, as the victim F of D’s daily conduct, and the victim G, with his hand, the victim F’s head debt knife, the victim F’s head debt knife, and the victim G’s knife.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, F, and G;

1. Each statement of D, G, and F;

1. Application of the Acts and subordinate statutes concerning a victim's photograph and CCTV image photograph;

1. Article applicable to criminal facts;

A. Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (a)

(b) Defendant A: Article 260(1) of the Criminal Act (a point of violence)

1. The Defendants who have selected the punishment: Selection of a fine (including the fact that the Defendants have shown a misunderstanding while making a confession, the degree of each of the assault in this case, and the fact that all of the Defendants have no power to punish more than the fine)

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act