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(영문) 수원지방법원 2017.05.17 2016고단5580

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On August 16, 2016, at around 23:40 on August 16, 2016, Defendants were waiting for a proxy engineer in the vicinity of Suwon-si, Suwon-si, the victim E (57 years of age) was going to sing and going to this singing without any particular reason. Defendant A was able to go to the floor when the victim’s face can be taken by drinking and singing out, Defendant B, who was next to it, was able to take the victim’s face by drinking and drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to field photographs and damaged parts of the photograph;

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. Since the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentencing guidelines do not apply to the recruitment of the workhouses.

Defendant

B has the same criminal records and several times of punishment; Defendant A has no record of punishment for the same criminal records; Defendant A has led to the confession of part of the crime of this case; Defendant agreed with the victim; Defendants’ reflective attitude.