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(영문) 의정부지방법원 고양지원 2016.09.23 2016고정704

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 19, 2016, at around 22:10, the Defendant, at the “C main point” located in B of Papju on February 19, 2016, had the victim F (59 years old), G (53 years old), and F (53 years old), who were seated in the next table, drinked with D and E.

이에 피고인은 피해자 F의 멱살을 잡아 밀치고, E은 피해자 G의 옷을 잡아당겨 바닥에 넘어뜨리고 피해자 F의 멱살을 잡아 밀치고, D은 피해자 F의 얼굴을 때리고 넘어져 있던 피해자 G의 얼굴을 걷어찼다.

Accordingly, the defendant assaulted victims jointly with D and E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to E, D, or F;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to photographs by cutting off G photographs and CCTVs;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.