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(영문) 서울북부지방법원 2018.08.17 2018고단2154

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendants are known to the Eastern War, and they are not well aware of the victim D(59).

피고인들은 2018. 4. 10. 23:55 경 서울 동대문구 E에 있는 ‘F 주점 ’에서, 술에 취하여 피해자와 서로 실랑이를 벌이다가 피고인 A은 발로 피해자의 다리를 4회 차고, 손으로 피해자의 뒤통수를 1회 때려 피해자를 바닥에 넘어뜨린 후, 발로 넘어진 피해자를 3회 차고, 그 옆에서 이를 지켜보던 피고인 B도 합세하여 발로 피해자의 가슴을 1회 걷어찼다.

Since then, the defendants moved together to the direction of the distance of dispatch, and the defect that the victim intends to go to the defendant Eul according to the defendants, the defendant A reduced the victim's neck into the left hand with the victim's left hand, and the defendant B 4 times off the part of the victim's neck and face, and the defendant A 4 times off the victim's side with the hand that occurs from the floor.

According to the Defendants, Defendant B continued to reverse the victim, etc. one time, and Defendant A took two times the face of the victim by hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police against D;

1. A criminal investigation report (Attachment ofCCTV image);

1. Application of the statutes governing criminal video CDs;

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (elective of imprisonment) concerning criminal facts;

1. Defendants on probation: The part dismissing the prosecution under Article 62(1) of the Criminal Act (the agreement with the victim, the degree of violence by the Defendants, etc.) (Defendant B)

1. On April 10, 2018, the Defendant, at around 23:19, went out of the main points on the ground that the victim D s/he s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she s/ she