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(영문) 수원지방법원 2018.03.22 2017고정2944

폭력행위등처벌에관한법률위반(공동폭행)

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Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

On June 20, 2017, at the same time, the Defendants: (a) took a dispute with F, a singled, who was drunk, on the ground that Defendant A was singing up a signboard at the entrance of the said singinging room on the front of the “Esing room” located in G, the victim H (63 years of age) and the victim came to be sing up with G and the victim’s face of drinking and singing.

The Defendants set up against G and the victim’s assault, and Defendant A, in drinking, took the victim’s face at one time, spawd and spathd and batd, and Defendant B, in his hand, committed assault, such as spabling the victim’s bat, spading the victim’s bat, spading the victim’s bat, spad and drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the police officers in relation to F, G and H;

1. Investigation Report- Analysis of related CCTV image data 1, 2, and 2;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act in each of the criminal procedures orders for provisional payment is an aspect that the accused A caused the instant dispute, and the Defendants’ joint storage with the victim, etc. are disadvantageous to the Defendants.

However, the Defendants’ assault was committed in the course of setting up against the victim and G, and compared to the extent of assault committed between the victim and G (the Defendant A, due to the assault committed by the victim, etc., sustainedly sustained injuries such as influenites that require treatment for about five weeks, the body and hair of the inside and the floor, the body and head of the body, and the Defendant B suffered injuries such as strings that require treatment for about two weeks, and strings and strings that require treatment for about two weeks in snow and strings around snow, etc.) the extent of the assault committed by the Defendants appears to be relatively minor.