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(영문) 수원지방법원 여주지원 2017.07.05 2017고단646

폭력행위등처벌에관한법률위반(공동폭행)

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

[criminal record] Defendant B is a person who violated the Punishment of Violences, etc. Act in the Seoul Western District Court on August 21, 2006 and was sentenced to imprisonment for 8 months and 2 years of suspended sentence, and has three times of criminal punishment records related to violence.

[Criminal facts] The Defendants are those who are inter-regional ex post facto distribution.

On April 2, 2017, the Defendants expressed their dissatisfactions against the Defendant’s unauthorized crossing in the street room located in Gyeonggi-do (23:45 on April 2, 2017, on the ground that the victim E (22 taxes) displayed the Defendant’s dissatisfactions against the Defendant’s unauthorized crossing. Defendant A was able to look at the victim’s breath, take the face once in drinking, take the head debt once in drinking, walk up the breath, walking the side of the bridge with the breath, and take the head debt several times. Defendant B was able to walk up the body part of the victim’s body that was used in combination with this, and walk up the head debt once in hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. Application of Acts and subordinate statutes on report of occurrence;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the circumstances in which the Defendants agreed smoothly with the victim, the degree of participation in the instant crime, and the record of the instant crime, shall be sentenced to the same sentence as the order.