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(영문) 대전지방법원 2019.11.21 2019고정721

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 800,000 won, and by a fine of 1,00,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

The Defendants and C are between the workplace rent, and the Defendants and the victims D (ma, 65 years of age) are dead, and the victims are those who are related to C.

On December 18, 2018, at around 23:05 to 23:20 on December 18, 2018, the Defendants, on the ground that the victim D moves Bosch Rexroth C’s vehicle in the parking lot on the land of the Daejeon East-gu E-building, Daejeon, Defendant A, by not later than the victim’s face, took a dangerous act as to the victim, such as “a person who, before the victim’s face, she takes an desire to read “gring, chewing, and store”, and continuously Defendant B, on the same ground, she sawd the victim’s right shoulder at one time with the victim’s left hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. The Defendants: Article 2(2)1 of the 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 in the custody of a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act jointly assaulted the victim and thus, the crime is not good.

However, there are some circumstances to consider the circumstances leading to the instant case.

The difference in the type of power actually exercised between the Defendants ought to be considered in part.

Such circumstances and the Defendants’ age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime were committed, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the pleadings.