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(영문) 울산지방법원 2021.01.21 2020고단4041

폭력행위등처벌에관한법률위반(공동폭행)

Text

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

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

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to a suspended sentence of three years on August 23, 2019 due to a special robbery by the Ulsan District Court on August 23, 2019 and was sentenced to a suspended sentence of three years on August 31, 2019, which became final and conclusive and conclusive during the suspended sentence.

Defendant

B On October 15, 2020, the Busan High Court sentenced 1 year of suspended execution to 2 years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint assault) and decided on October 23, 2020.

[2] On July 3, 2020, at around 03:20, the Defendants found the victim from the street room located in Ulsan-gu, Ulsan-gu, U.S., on the ground that the victim did not return the vehicle leased by the victim E (18 years old) to the victim, and the victim was refused to board the vehicle, but the victim rejected it. However, Defendant A exceeded the mother used by the victim and got off the part of the victim's face, and Defendant A got off the part of the victim's face and pushed down the following rail. Defendant B continued to knife and pushed the part of the victim's knife by hand.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol concerning the interrogation of the suspect against the Defendants

1. Statement made by the police for E;

1. A written statement;

1. Images of CCTV CDs;

1. References to inquiries, such as criminal history, and the application of the judgment text;

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

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

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

1. Defendants of the provisional payment order: Defendant A committed the instant crime during the period of suspension of execution due to a special robbery under Article 334(1) of the Criminal Procedure Act; Defendant B had the record of being sentenced to a fine due to an act of violence and is under trial by other acts of violence.