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(영문) 울산지방법원 2018.03.29 2017고단4217

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by a fine of three million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Criminal facts

Defendant

A on November 26, 2015, upon being sentenced to one year and six months of imprisonment by obstruction of business by the Changwon District Court, and on December 23, 2016, the execution of the sentence was terminated by the Mapo Prison.

Defendant

B On December 2, 2016, the Ulsan District Court sentenced nine months of imprisonment for the crime of bodily injury and completed the execution of the sentence in the Ulsan District Court on May 10, 2017.

Defendant

B around 03:53 on July 3, 2017, at the front point of E, located in Ulsan-gu, Ulsan-gu, Seoul-do, where the Defendant B attempted to capture the F, one’s own wife, to GMW vehicle run by himself. The Defendant B was likely to assault the F and thus, the victim H (36 years old) who observed it reported to the effect that the Defendant B was arrested a female.

Defendant

B, on the ground that the victim reported 112, the victim took a bath to the victim, and her fingers the victim's chest, and the escapeer seems to drive away from the victim, and her drinking several times, and the defendant A, who was next to it, her her talked about the victim's breast part while she took a bath to the victim.

Accordingly, the Defendants jointly assaulted the victim as above.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to I, J, H, K, and J;

1. Application of CCTV images, the 112 Reporting Act and subordinate statutes;

1. Determination of fines under Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260 of the selection of fines for criminal facts (in this case, a strict punishment is reasonable in light of the fact that the defendants have committed the same kind of crime during the period of repeated crime, etc., but, in light of reflectivity, contingency, damage not to be caused, victim punishment not to be imposed, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;