폭력행위등처벌에관한법률위반(공동폭행)
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
【Criminal Records】 On April 7, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight months, for obstructing the performance of official duties by the Incheon District Court.
4. 15. The judgment becomes final and conclusive and is currently under suspension of execution.
【Criminal facts】 The Defendant, along with the Defendant, committed a dispute over D’s singing room located in Nam-gu Incheon Metropolitan City, Seoul around 03:00 on February 1, 2018, with the Defendant’s head, had the face of the Victim E (45 years of age) and the extension of time, and the Defendant was satisfyed by her head, and the Defendant was satisfyed with the Defendant’s head, and her body was tightly sealed by her body, and B was tightly sealed by her body.
Accordingly, the defendant assaulted the victim jointly with B.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of suspect B or E by the police;
1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;
1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the crime;
1. Selection of a selective fine for punishment (the following favorable circumstances, etc.):
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. There is a certain disorder of violence against the defendant, including the disorder of normal labor union adjustment unfavorable to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.
It is more so doing if we drink.
Reoffending in the probation period.
In addition, the treatment of property punishment can not be any particular consolation for adults who have a certain ability to adapt to punishment like the defendant.
The more favorable normal perpetrator agreed to the victim only and promptly due to the violence of both parties, which combines the victim.
Although it belongs to the crime of non-friendliness by joint assault, the degree of the victim's participation in the criminal defendant's act is minor.
On the other hand, as in this case, the psychological consolation of the suspended execution that grants the time of self-esteem does not work properly in the crime that occurred from contingent trial expenses, such as this case.
In light of the above, we examine the above facts.