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(영문) 부산지방법원 2016.02.04 2015고정4167

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 500,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 16, 2015, the Defendants: (a) 07:40 on August 16, 2015, 2015, the Defendants: (b) led the victim D (34 , South Korea) under the influence of alcohol (34 , South Korea) to the nearby alley in order to assault the victim; and (c) Defendant A abused the victim’s face by taking the floor of his alleys several times and taking the body of his body.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

[Defendant A]

1. The defendant A's partial statement

1. Defendant B's statement of witness E in the witness examination protocol outside the trial date;

1. The defendant B's partial statement

1. The application of the witness E's legal statement Acts and subordinate statutes to Defendant A;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of fines, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act (hereinafter “Defendant B”) to attract a workhouse;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of fines, etc.

1. Penalty fine of 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (Defendant B does not have assaulting the victim directly, etc.), the error is divided, the victim and the victim agreed smoothly with the victim after the prosecution was instituted, the victim expressed his intention not to punish, the victim was the first offender who did not have any record of criminal punishment, the above defendant's age, sexual conduct, intelligence and environment, the circumstances leading to the instant crime, and various circumstances, including the circumstances after the crime, etc., and the sentencing conditions indicated in the record, shall be suspended after comprehensive consideration of the sentence against the above defendant