beta
(영문) 의정부지방법원 2017.09.21 2017고정1130

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

피고인과 C는 2016. 12. 13. 17:15 경 남양주시 늘을 1로 211, 로얄 팰리스 앞 버스 정류장에서 D이 운전하는 대원 운수 165번 버스에 승차한 다음, 운전자인 D에게 아무런 이유 없이 시비를 걸어 버스 출발을 지연시켰고, 위 버스 승객인 피해자 E(18 세 )로부터 착석 요구를 받았다.

F is the subject of fargue’s fargue, fargue’s fargue, and fargue’s fargue’s fargue’s fargue, and fargue’s fargue’s fargue’s farb, when the victim fargue dards the fargue’s farb, and fard with the

The defendant dumbling together with the victim's balp, pushed the victim's balp, pushed the victim's balle part, and balped the victim's balle, and bald the victim's inside.

Accordingly, the defendant assaulted the victim jointly with F.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement, on-site photo, a protocol of examination of the suspect with respect to the victim E and D, a protocol of examination of the suspect with respect to F, and a report on internal investigation (CCTV inspection);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the facts that the defendant recognized the criminal facts of this case and reflects his mistake, and that the defendant agreed to do so smoothly with the victim are recognized as favorable circumstances for the defendant.

However, in the meantime, the crime of this case where the defendant assaulted the victim jointly with F in light of the content and method of the crime, etc., the nature of the crime, the degree of tangible force used by the defendant, the criminal records of having been punished several times due to the crime of this kind, the balance of general criminal punishment in the same and similar cases, and other arguments of this case.