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(영문) 대구지방법원 2017.12.15 2017고정1923

폭력행위등처벌에관한법률위반(공동폭행)

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Defendants shall be punished by a fine of three million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On March 15, 2017, around 03:40 on March 15, 2017, the Defendants, while drinking alcohol with E, a dynamic E, who was ordinarily known in a restaurant in Seo-gu, Daegu, Seo-gu, Daegu, had a victim F (37 years old) who had drinking and drinking alcohol at that place, and had a victim’s invasion to the items of Defendant A, Defendant A took a bath to the victim and sprinked the victim.

계속하여 피고인들은 피해자 일행과 실랑이를 벌이며 위 음식점 밖으로 나간 다음, 피고인 B은 손으로 피해자의 목 부위를 수차례 치고 피해자를 뒤로 밀어 넘어뜨린 후 발로 피해자의 얼굴 부위를 1회 걷어차고 재차 손바닥으로 피해자의 얼굴 부위를 2회 때리고, 피고인 A은 이에 합세하여 발로 피해자의 엉덩이 부위를 1회 걷어찼다.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Some statements made to H or I in each police interrogation protocol;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (verification of CCTV data in the field of the case), investigation reports (Attachment of photographs by cutting down CCTV image data in which a witness G shots a suspect at the seat of the suspect), investigation reports (record of a witness G phone);

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the selection of fines for negligence

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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