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(영문) 의정부지방법원 2016.01.11 2015고정1573

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 1.5 million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 15, 2015, Defendant A: (a) committed assault by Defendant A, on the ground that: (b) the F Building No. 4201, the house of the victim E (the 26-year-old age), the house of the victim E (the 26-year-old age) was suspected of having the Defendant’s possession of the front cell, etc. located in the above house; (c) he saw the victim’s chest as her hand; and (d) sprinked the victim’s chest as her hand and her flab by sphering it.

2. Defendant A expressed the victim’s desire for fighting at the date, time, and place specified in paragraph 1 (1) on the ground that the victim G (n, 33 years old) speaks against the fighting, and assaulted the victim’s neck in hand.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Application of Acts and subordinate statutes to a victim's violence photograph (not more than 14 pages of investigation records);

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)

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;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On January 15, 2015, Defendant A assaulted the victim’s desire to do so in hand on the ground that the victim G (V, 33 years old) 4 and 201 of the F building E, E, the house of Spocheon-si, Ma, Mapo-si, and Mapo-si, the victim G (V, the 33 years old) speaks on fighting, and Defendant B assaulted two times in his hand the head of the victim’s body that he was over.

Accordingly, the Defendants jointly assaulted the victim.

2. In light of the following facts: (a) Defendant B used to assault the victim’s head as described in the above facts charged; and (b) Defendant B used to assault the victim’s head, etc., the victim and witness E are admitted as evidence corresponding thereto; (c) Defendant B asserted that there was no assault on the victim’s head in line with the investigation agency from the investigation agency to this court; and (b) the victim’s head on the floor.