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(영문) 대전지방법원 천안지원 2016.10.07 2016고정27

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A Punishment of a fine of KRW 300,000 and a fine of KRW 200,00 shall be imposed on Defendant B.

Reasons

Punishment of the crime

The defendants are the pro-Japanese between the places of punishment, the defendant D and the victims.

On September 16, 2015, around 04:30 on September 16, 2015, Defendants got the other party G (23) and Defendant A under the influence of alcohol.

For the reason that it was considered, it became a starting cost.

At this time, Defendant A, as a drinking, took two faces of the victim G who is the other party, walked three parts of the troke, walked the part of the victim D who is the right side of the fighting, walked the part of the victim D who is the victim's fighting from the side, 1 the victim H face is drinking, and assaulted the victim I's right side.

Defendant B continued to fighting, while walking two faces and descendants of the victim G, kidd the face of the victim H by drinking it, and assaulted the victim’s face by drinking it by drinking it, 4-5 the face of the victim D by drinking it.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. The defendant A's partial statement

1. Each legal statement of witness D, G, I, and H;

1. The photograph taken by the victim [in light of the course and content of the instant crime, the form and degree of violence committed by the defendant B to the victims, and the relationship between the above defendant and the victims, it is difficult to view the said defendant's act to constitute self-defense to defend the present unfair infringement or an emergency evacuation to avoid the present danger to the legal interests of the defendant A].

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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