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(영문) 대구지방법원 2018.07.09 2018고단477

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A A Fines 2,00,000 won, Defendant B’s fine 2,000,000 won, and Defendant C’s fine 1,000,000 won.

Reasons

Punishment of the crime

around 06:10 on October 3, 2017, the Defendants: “E” restaurant located in Daegu-gu, Daegu-gu, Daegu-gu; Defendant F (F, 20 years of age) was working and trial with the victim F; Defendant C took the victim G (24 years of age) and the victim H (24 years of age); Defendant C took the victim G and the victim H (24 years of age) as her hand, and she took the victim’s walk out of the restaurant; Defendant B took the victim’s bath out of the restaurant; Defendant C took the victim’s can take her face with the victim’s cell phone her hand; Defendant C took the victim’s head (24 years of age), and Defendant C took the victim’s her face with the victim’s cell phone her hand, and Defendant C took the victim’s her face.

Accordingly, the Defendants jointly committed violence to the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecution interrogation protocol (including the part concerning the statement of G and H) against Defendant B and C

1. Application of laws and regulations on police statements made to I, G, H, and F;

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (the choice of a punishment) concerning criminal facts;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: The following conditions for sentencing under Articles 70(1) and 69(2) of the Criminal Act and other conditions for sentencing as stated in the records, such as the Defendants’ age, occupation, sex, family relation, and circumstances before and after the commission of the crime, shall be comprehensively taken into account.

- Defendant A is likely to commit each of the crimes of this case during the period of repeated crimes due to larceny - The degree of each of the crimes of this case is relatively minor - Defendant A and Defendant C agree with the victim I and the victim G and H respectively.