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(영문) 인천지방법원 2020.06.11 2019고정2513

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

[criminal power] On January 4, 2019, the Defendant appealed eight months of imprisonment with prison labor for the crime of larceny, damage to property, and violation of the Punishment of Violences, etc. Act (joint injury) at the Seoul East Eastern District Court, but the same court was dismissed on March 28, 2019. However, the Defendant appealed on May 31, 2019, but the said judgment became final and conclusive on June 27, 2019 by the Supreme Court.

【Criminal Facts】

1. A defendant and B violated the Punishment of Violences, etc. Act (joint violence) around 09:5 on August 29, 2018, around 09:5, around 09:09:55, the defendant and B were victims D and trial expenses who drinked in the same restaurant at the front of Gyeyang-gu Incheon Gyeyang-gu Incheon. B met the face of the victim by drinking, and the victim was able to take the face of the victim by drinking in the front of the victim, and the defendant also met the face of the victim by drinking in the front of the victim.

Accordingly, the defendant assaulted the victim jointly with B.

2. The Defendant causing property damage, while assaulting the above D at the above time, at the above time and place, placed the window “F” main points of the Victim E’s operation “F” once a drinkingly, and the Defendant’s day-to-day G attached himself, thereby shouldering the window of the marier G to the above window.

Accordingly, the defendant damaged the property owned by the victim so that the repair cost is 520,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of B or D;

1. Each statement of H and E;

1. Voluntary report;

1. On-site photographs;

1. Receipts:

1. Previous convictions as indicated in the judgment: Criminal history records, reply reports (A), reference materials submitted by the prosecutor on June 5, 2020 (Defendant A Seoul Eastern District Court Decision A2018 Godan3129, etc.) and the application of statutes on the defendant's legal statement;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.