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(영문) 광주지방법원 2016.06.23 2016고정691

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Around 03:50 on January 7, 2016, the Defendant: (a) driven a Switzerland car owned D without a driver’s license on the front of the C cafeteria located in Gwangju Northern-gu, Gwangju; and (b) driven a volume of approximately 120 meters up to the front road of the F control point located in B around 03:53 on the same day.

2. Violation of the Punishment of Violences, etc. Act (joint assault) on the ground that the Defendant, along with G on January 7, 2016, 03:53, was seated in the steering place on the ground that the Defendant got off the course of the E-car driven by the Defendant in front of the F control point located in Gwangju Northern-gu B ( South and the age of 33) the victim H ( South and the age of 33) this street preventing him/her from driving.

G with a loss coming from the car, was pushed down with a breath of the victim, was pushed down, and the defendant was spabling and pushed down with a breath of the victim.

Accordingly, the defendant assaulted the victim jointly with G.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) 1 of the Act on the Selection of Punishment of Violences, etc., Article 260 (1) of the Criminal Act (the point of joint assault), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (the point of unauthorized Driving), and

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;