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(영문) 수원지방법원 2015.07.16 2015고정983

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant and C around 06:33, on the front side of the Suwon-si D Building at Suwon-si, when she walked the road, the victim E (the age of 25) driven the vehicle while driving the vehicle, cut the light while driving the vehicle, thereby blocking the vehicle, and the Defendant by hand, her hand scam the victim F (n, 19 years old), the wife of E, the victim F (n, 24 years old), the wife of E, the victim G (n, f, 24 years old), and her chest, and C pushed the victim F, G face and her chest.

Accordingly, the defendant assaulted victims jointly with C.

Summary of Evidence

1. Some statements in each police interrogation protocol concerning the accused and C;

1. Statement to E by the police;

1. Each statement of F, G, E, and H;

1. An investigation report [the contents of the victim's statements are not only specific, but also are not contradictory among the statements, and there are no other circumstances to open false statements, its credibility is recognized. In addition, considering the fact that the defendant voluntarily stated in the police that "the defendant himself/herself "at the same time as he/she saw," and "at the same time, he/she has a certain degree of loss", the criminal facts in the judgment against the defendant can be recognized] of the law applicable.

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines;

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

1. Articles 70 (1) 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;