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(영문) 서울북부지방법원 2016.12.15 2016고단3996

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

The defendants are strings, and the victim E(25) is between the defendant A and the main point, and the victim E(25) is known.

1. On June 3, 2016, around 12:40 on June 3, 2016, Defendant A thought that the victim, while drinking alcohol together with the above-mentioned B and his relative and the victim, he was able to only see the victim's face on the floor of hand while moving to the kitchen and moving to the kitchen, Defendant A was able to keep the victim's face, face and neck on the floor of hand, she was able to prevent the victim from her two hands, and she was able to take the hair and body of the victim's hair and body by combining B from the kitchen to the kitchen. At this point, the Defendant and B were able to take the head and body of the victim together with the victim's hair and take the face and hand on a hand.

Accordingly, the Defendant assaulted the victim jointly with B.

2. When Defendant B assaults the victim at the time, place, as described in paragraph (1), Defendant B committed an assault against the victim at a time and place, and committed an assault as mentioned above, the Defendant 2 took the victim’s head in a lush, which is a dangerous object possessed by the kitchen, and caused the lush to the lush of the kitchen, and caused the rash to the victim, such as the rashing of the lush, and the rash, which requires two weeks of treatment.

Accordingly, the defendant carried dangerous articles and inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Examination protocol of suspect E by the prosecution;

1. Some statements in the police interrogation protocol against Defendant A

1. Police suspect interrogation protocol regarding E;

1. Each police statement of E and G;

1. The written diagnosis of injury (as to the defendant B)

1. Application of Acts and subordinate statutes to the shoulder view and field photographs discovered at the site (defendant B);

1. Relevant Article of the Criminal Act and the Punishment of Violences, etc. Act concerning the selection of punishment;