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(영문) 의정부지방법원 고양지원 2018.04.06 2018고단318

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A, B, and C shall be punished by a fine of one million won, and the defendant D shall be punished by a fine of five hundred thousand won.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A On December 15, 2017, the High Government Branch of the District Court was sentenced to a suspended sentence of one year for four months of imprisonment for aiding and abetting fraud, etc., and the above judgment was finalized on December 23, 2017.

On October 1, 2017, the Defendants jointly expressed the following as Defendant E, while Defendant A’s written indictment is deemed to be a simple clerical error: (a) the above E’s body was sleeped by 05:40 on October 1, 2017; (b) the body of Defendant B was sleeped; (c) the victim E (22 tax), victim F (26 tax); and (d) the victim G (222 tax) expressed Defendant B’s desire to play to Defendant B’s female job-friendly H; (d) the above correction was made ex officio in his/her hands, and thus, the above E’s body was sleeped; (e) Defendant B was sleeped with the face of the above E’s body; (e) Defendant C was sleeped with the body of the above E’s body, and (e) Defendant C was slick up with Defendant D’s hand.

Defendants jointly assaulted the victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to E, F, and G;

1. Main text of the closure of ctv images for crime prevention;

1. Previous convictions in judgment: A, text of judgment, and application of Acts and subordinate statutes significantly true to this court of inquiry, such as criminal history;

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

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) the background of the instant fighting match, the degree of assault, and other circumstances, including the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing indicated in the records and arguments, including the circumstances after the commission of the crime.