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(영문) 수원지방법원 안산지원 2016.04.20 2016고정145

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

Criminal facts

The defendant is between B and C, and the victim D, victim E, and victim F are two times.

Defendant, B, and C around May 21, 2015, around 01:30, at the Hanyang-gu, Hanyang-gu, Hanyang-si, Hanyang-gu, Hanyang-gu, 55 (Sadong) in front of the first public education hall of Hanyang-gu, Hanyang-gu, Hanyang-gu, Hanyang-do, where C and the above E are faced with the shoulder, and they were in dispute. B supports the left side of D on one occasion with the tobacco used by B, and C was pushed in a double hand, and C was pushed up with the f’s f’s f’s f’s f’s bage.

Accordingly, the defendant assaulted victims jointly with B and C.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Each written statement of G and A;

1. A report on internal investigation:

1. The relevant person asserts that he/she was not sealed by the Defendant, C, and C’s breabbbage, and that the Defendant also did not depict A’s breabage.

In the case of a victim’s fighting, the statement in which the victim made a flabation to a flab, the statement in which C’s flabation was carried and pushed down, and the statement in which the witness C flabed with E that he flab was engaged in flabing with E, etc., the Defendant was also a flab by the investigative agency.

In addition to the statement, it can be sufficiently recognized that the defendant and C committed each act in the judgment, and the defendant's argument is without merit. Thus, the defendant's argument is without merit.

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (wholly amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 260(1) of the Criminal Act; the selection of fines (the overall commission of a crime by a criminal defendant; hereinafter the same shall apply); the fact that the criminal defendant has yet to be aged and is an initial criminal; and circumstances that may be considered in the course of committing a crime, etc.)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334(1) of the Criminal Procedure Act or more of the Provisional Payment Order.