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(영문) 수원지방법원 2017.06.20 2016고단7302

폭력행위등처벌에관한법률위반(공동폭행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is in the relationship between C and the workplace, and the victim D(33) and E(35) are first between F and F.

At around 02:15 on November 11, 2016, the Defendant, at the entrance of Osan City G, 02:15, brought a dispute on the ground that the victims took dancing with the denial of the Defendant. The Defendant, at his/her son, assaulted the victim E’s face, taken the victim E’s hair by hand, taken the victim E’s face by hand, taken the victim’s face by hand, taken the victim’s hair back by hand, taken the victim’s hair back by hand, taken the victim’s hair back by hand, and C, which is the Defendant’s work ward, assaulted the victim’s hair back by hand at several times of the victim’s face.

Accordingly, the defendant assaulted victims jointly with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Application of CCTV video recording-related Acts and subordinate statutes;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravated punishment for concurrent crimes prescribed for a violation of the Punishment of Violences, etc. Act against Victims D with heavy circumstances];

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (the favorable circumstances examined in the following)

1. The gist of the assertion is that C actively participated in the Defendant’s assault or acted to defend himself by setting up against the victims’ assault. As such, the Defendant committed an assault with C in common with C.

shall not be deemed to exist.

2. Article 2(2) of the Punishment of Violences, etc. Act provides that "If there are two or more persons jointly, the two or more persons shall have a so-called accomplice relationship among them, and several persons shall have the same opportunity at the same place.