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(영문) 인천지방법원 2019.10.24 2019고정1363

폭행등

Text

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 2 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants are employees of “D” main points in Bupyeong-gu Incheon, Incheon, and E are customers of the above “D”.

1. On August 3, 2018, Defendant A, at the main point of “D” located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon on August 3, 2018, brought the victim E (Nam, 19 years of age) to the victim level by hand in order to show the victim E out of the main point above, Defendant A, who committed the joint crime of the Defendants, was able to let the victim knife the victim level by hand, let the victim knife the part of the victim's knife and let the victim knife the part of the victim by hand, and Defendant B pushed the victim's arms by hand.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A, at the same time and place as described in paragraph 1, was tightly pushed down the shoulder part of the Victim F (V, 19 years of age) by hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of F and E;

1. 112 reported case handling table;

1. Application of the Act and subordinate statutes to a report of investigation (A's breath of violence), investigation report (B's face of violence);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act (the point of joint assault), Article 260(1) of the Criminal Act (the point of violence), and the selection of each fine

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and the selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants of detention in a workhouse (in a case where the sentence of suspension of execution of punishment is invalidated or revoked and the accused does not pay a fine): Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act