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(영문) 의정부지방법원 2014.05.22 2014고정567

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 800,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. At around 00:22 on November 5, 2013, the Defendant, in collaboration with B, was under the influence of alcohol in the old road in the front of the Guri-si, and was frighted by the victim D (40 years of age). On the ground that the Defendant was frighting to drinking, the Defendant assaulted the victim at one time by drinking the victim’s snow part of the left side of the victim, one time, two times, and two times, and kising the head car with both hands, and B used the victim’s bridge to walk up three times, and walk up the victim’s bridge to the right side of the drinking.

2. At around 00:40 on November 5, 2013, the Defendant: (a) was arrested as a crime of assault on the street in front of the Guri-si, and was fluencing on the back seat of the patrol vehicle E-district 12 (No. 67 assistant9853) of the Guri Police Station E-district 12 (No. 67 assistant9853); and (b) caused damage to public goods so that 40,000 won of the repair cost, such as shouldering the back of the driver’s seat while walking on eight occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol regarding D;

1. Application of the statutes governing a written estimate of general repair costs;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., the Selection of Punishment of Crimes, Article 260 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of violence, the selection of fines), Article 141 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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