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(영문) 의정부지방법원 2017.06.23 2017고단1078

특수폭행

Text

Defendant

A Imprisonment for four months, each of the defendants B and C shall be punished by a fine of two million won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. On February 4, 2017, Defendant A, on the ground that the Defendant was faced with G restaurant, victim B, and C located in F in Namyang-si, Namyang-si around 03:40 on February 4, 2017, Defendant A was a trial expense, and the Defendant took off several strings, which are dangerous objects in the water tank, when the victims were taken off, and the victims were able to take out, and the victim C’s neck as dangerous objects, and the victim C’s neck was kept down due to dangerous objects, and the victim B’s face was hicked, the victim was hicked with the instant World Cup, and the victims and the victims were assaulted several times.

Accordingly, the defendant, while possessing dangerous things, assaults victims.

2. Defendant B and C were to be done at the above date, time, and place, for the foregoing reasons, and Defendant C was to have the head of the victim A at a time due to a fluent disease, which is a dangerous object, and Defendant B also took the head of the above victim as a fluent disease, which is a dangerous object. Defendant C again saw the above victim as a fluent brus and saw the above victim’s head.

Accordingly, the Defendants conspired to possess dangerous objects and assault the victim.

Summary of Evidence

1. The defendants' respective legal statements (the defendant A is on the second trial date)

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A criminal investigation report (CCTV counterpart investigation);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 261 and 260(1) of the Criminal Act, and each choice of imprisonment

B. Defendant B and C: Articles 261, 260(1) and 30 of the Criminal Code, each of them is selected.

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B, and C: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B and C: The Defendants need to strictly punish the Defendants in light of the grounds for sentencing of Article 334(1) of the Criminal Procedure Act and the risk of each of the instant crimes. However, the Defendants need to be punished.