beta
(영문) 서울동부지방법원 2012.12.21 2012고정3020

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The sentence against the accused shall be determined by a fine of KRW 1,200,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(공동재물손괴등) 피고인과 B은 2012. 10. 13. 21:00경 서울 강동구 C에 있는 도로에서 피해자 D(34세, 여)이 E 소나타 차량을 운전하면서 술에 취하여 차도로 걸어가는 피고인들에게 위 차량의 경음기를 울렸다는 이유로 피고인은 피해자가 운전하던 위 차량의 운전석의 후사경을 발로 차 깨트리고, B은 이에 가세하여 위 차량의 펜더(fender) 부분을 발로 걷어찼다.

As a result, the defendant damaged the victim's vehicle so that the non-repair costs can be borne jointly with B.

2. The Defendant violated the Punishment of Violence, etc. Act (joint assault) and B, at the same time and place as stated in Paragraph 1, and on the ground that the victim F (54 years of age) who observed the act of destroying and damaging as described in Paragraph 1 of Article 2, read “the victim’s 112 years of age is called as “the victim’s 112 years of age soon,” the Defendant, by hand, committed several drinkings to threaten the victim’s body while threatening B.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to D or F;

1. Each statement of D and F;

1. Application of the written estimate for repair costs;

1. Relevant Article 2 (1) and (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, and Articles 2 (1) and (1) 1 of the Criminal Act, Articles 260 (1) and 366 of the Criminal Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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