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(영문) 인천지방법원 2020.06.18 2020고단2246

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On December 31, 2019, around 20:45, at the main point operated by the victim D (n, 63 years of age) in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, the Defendants were prevented from the victim D from avoiding disturbance, such as breading the micros of other customers under the influence of alcohol, and the Defendants B, by hand, b) unfolded the face of the victim D, b) so long as it was unfolded by the victim D’s face, shoulder part, etc., so long as it was possible to lead the floor to the bed of the bed, the Defendants b) who is the employee of the above main point, and f3 years of age so long as it was tighted into the upper body of the victim E (n, 63 years of age), and Defendant A combined with this so that the head of the victim affected the victim’s d's hair by breaking the body of the victim.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written statement prepared D and E;

1. Report of investigation;

1. The application of CCTV image data closure photographs, investigation results reports, and the statutes governing the 112 Reporting Case List;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and the selection of fines for negligence

1. Of concurrent crimes, the former part of Article 37, and 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, respectively, of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 7,500,000; and

2. Determination of sentence;

(a) Defendant A: Fines of four million won;

B. Defendant B: A extenuating circumstance unfavorable to a fine of KRW 3 million: In light of the method, content, and circumstances of the instant crime, etc., the Defendants’ quality of crime is not good.

Defendant

A has a record of criminal punishment of a fine already due to the same or similar crime.

The favorable circumstances: The Defendants reflect the Defendants’ acknowledgement of all of the instant crimes.

Damage caused by the assault by the Defendants to victims.