beta
(영문) 광주지방법원 2017.09.20 2017고단1866 (1)

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On November 25, 2016, at around 23:30, the Defendant: (a) committed a dispute over the car owned by Defendant D, which became a dance problem; (b) was subject to assault from E and the victim F (34 tax) and the victim G (36 tax).

On the other hand, the Defendant assaulted the victim F's chests, etc. by spreading them over the floor, and inflicted injury on the victim, such as cerebral fy that requires treatment for about 14 days.

The Defendant continued to assault the victim G (36)'s face by drinking several times, pushed the chest by hand, pushed it over the floor, etc., and put the victim G over approximately seven weeks of medical treatment. The Defendant continued to put the victim G into a complex breath in the upper breath of the upper brue bris that requires approximately seven weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the laws and subordinate statutes to each of the police investigation reports (CCTV verification) on the accused, G, F, E, and D;

1. Article 262, Article 260 (1), and Article 257 of the Criminal Act (Selection of Penalty) concerning the facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The part dismissing a public prosecution under Article 334(1) of the Criminal Procedure Act against the order of provisional payment

1. On November 25, 2016, around 23:30, the Defendant: (a) committed a dispute with the victim E (30) in the passenger car owned by the Defendant in front of Gwangju Mine-gu; (b) committed a assault against the victim in front of the passenger car owned by the Defendant in front of Gwangju Mine-gu; (c) brought about a dispute with the victim E (30) due to this dancing; and (d) assaulted the victim by hand in front of the victim’s chest and walking back once.

2. Determination:

(a) Applicable legal provisions: Article 260(1) of the Criminal Act;

(b) Crimes of non-violation of intention: Article 260 (3) of the Criminal Act.

C. On April 11, 2017, the victim agreed with the Defendant and expressed his/her intention not to punish the Defendant.

(d) Judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act;