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(영문) 청주지방법원 제천지원 2014.04.10 2014고단2

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 20, 2013, the Defendant: (a) around 23:50 on November 20, 2013, at the D convenience shop located in Seocheon-si C, and (b) on the ground that the victim E (the age of 17) who was frightening from the above convenience store, frighted the Defendant as bad, and (c) frighted at the time, after putting the victim's head head debt, fright at five times with the victim's hand, f shot at the victim's hand, and walked the victim's shot on three occasions; and (d) the Defendant frighted three times with his hand and walked the victim's buck at the victim's hand.

Accordingly, the defendant assaulted the victim E in cooperation with F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to G and E;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant Article 2(2) and Article 1 subparag. 1 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2(2) and Article 1 of the same Act, Article 260(1) of the Criminal Act, the selection of fines (such as the agreement with the victim and the absence of any record of punishment);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. At around 23:50 on January 20, 2013, the Defendant committed assault on the victim’s face at around 10 occasions after the victim G (the age of 18) who was frightly frighted in the above convenience store, on the ground that the victim G (the age of 18) was frightly frighted to fright the Defendant.

2. The facts charged in this part of the indictment are crimes falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim can be acknowledged as having withdrawn his/her wish to punish the defendant on December 20, 2013, which is after the prosecution of this case. Thus, this part of the indictment is dismissed in accordance with Article 327(6) of the Criminal Procedure Act.