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(영문) 의정부지방법원 2021.03.11 2020고정119

폭력행위등처벌에관한법률위반(공동폭행)

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant and B, on October 16, 2019, are located in Cheong Government-si C at Jung-si around 23:10 on October 16, 2019

In response to the assault of the victim E, B, by hand, pushed the victim’s flaps, and the Defendant was assaulted by the victim’s shoulder with his hand.

Accordingly, the defendant and B jointly assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. In order to prevent the assault of the victimized person, the gist of the allegation is that the injured person knife the victim's head knife the victim's head knife the victim's head knife. However, as stated in the facts charged in this case, the victim did not assault the victim B in collaboration with the victim's shoulder.

2. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the court below, the Defendant’s attacked the victim’s shoulder part, as stated in the instant facts charged, as well as the Defendant’s assaulted the victim B.

① The victim was present as a witness in this court, “The victim first started the victim’s body match by having the victim with a dular B with a dular, and the defendant had a body fighting at the same time with the part of the victim,” and “If the victim had a body fighting with B only with B, the victim was not able to be able to go beyond the her workplace. However, the defendant and B were able to be able to be able to get the victim at the same time and ske the victim at the same time, and therefore they were able to be able to go beyond the her workplace.” The details of this case and before and after this point.