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(영문) 전주지방법원 2018.06.15 2018고단313

폭력행위등처벌에관한법률위반(공동폭행)

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On July 19, 2017, at around 16:55, the Defendants took a look at the victim F (70 tax) from the residence of the victim F (70) in Geumcheon-gu, Seoul Special Metropolitan City on July 19, 2017 to the victim’s bath by telephone, and the victim took a bath by telephone. Defendant A was able to look at the victim’s breath and head, and Defendant B was able to take the victim’s hair face and head on the left hand, and Defendant B was able to take the victim’s hair face and head on the right side by combining it.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F (the details of the statement in the main part, such as the background, part and method of violence, are relatively consistent and specific, and credibility is recognized in light of the legal attitude of the statement in question, etc.);

1. A report on internal investigation by violence;

1. Application of Acts and subordinate statutes to photographs (F damaged parts);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (elective selection of punishment) concerning facts constituting an offense;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the Provisional Payment Order: Circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The victim first expressed the Defendants their desire to commit the instant crime, and the Defendants were the initial offenders, etc. are favorable to the Defendants.

Unfavorable circumstances: The degree and frequency of assault committed by the Defendants is not somewhat weak, and the fact that it is not agreed with the victim is disadvantageous to the Defendants.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.