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(영문) 인천지방법원 2019.02.13 2018고단7133

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant 2018 Highest 7133, Defendant B is between Defendant 3 and Defendant 2, and the victim C (Nam, 24 years old) is a intellectual disability Grade 3, and a person who was aware of the Defendant, B and the Defendant through a hosting app between March 2017 and May 2017.

1. On April 6, 2018, around 02:00 to 03:00, Defendant B committed the crime, from April 6, 2018 to April 02:00 of the same day, to April 6, 2018, and from April 6, 2018 to 03:00 of the same day, when the victim’s face is two times by hand on the ground that the victim would make a false statement.

As a result, Defendant and B assaulted the victim jointly.

2. From April 6, 2018 to April 15:00 to 16:00, Defendant B and from April 6, 2018 to April 16:00 of the same day, up to 10:15:00 of the same day, Defendant B were parked in B’s alley-ro in the B’s alley of the Dongambrop square in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, up to 10:10 on April 6, 2018.

As a result, Defendant and B assaulted the victim jointly.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement C to the Act

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. 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. On November 10, 2017, the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to one year of suspension of the execution of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Suwon District Court on November 10, 2017, and the judgment becomes final and conclusive on November 16, 2017. The Defendant committed the instant crime without a person during the suspension of the execution period.

However, the degree of assault is not relatively more severe, and the victim agrees with the victim.