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(영문) 전주지방법원 2017.12.20 2017고단1991

폭력행위등처벌에관한법률위반(공동폭행)

Text

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

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

Reasons

Punishment of the crime

On June 24, 2017, the Defendant, at around 02:30 on June 24, 2017, performed drinking together with E, from the main point of “D” located in Seojin-gu, Seojin-gu, Seojin-gu, Seoul, on the ground that the victim F, the victim G, and the work of the next customer would be humping, and went together in front of the said main point.

On the front of the above main point, E, the defendant's driver, takes the face of the victim F once a week, and takes one time a part of the victim G's face and the back part of the head, which prevents him from taking it out, and the defendant takes the face of the victim F once a week, and she takes the face of the victim G once a week.

Accordingly, the defendant assaulted the victims jointly with E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. A protocol concerning the examination of each police officer in relation to F, G, E, or H;

1. Each police statement made to H and I;

1. Application of the Acts and subordinate statutes to the victim or his/her photographic body to damage;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the crime of this case on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act is that the defendant assaulted the victims jointly with E, and the nature of the crime is not less weak, and the defendant has the same

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and agreed with the victims.

In addition, in the process of speaking the fighting between E and the victim F, the defendant is likely to have caused the crime of this case by contingently, and it seems that the victim is also responsible for a certain portion of the crime, and the degree of the assault committed by the defendant is not serious.

. The above.