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(영문) 부산지방법원 2017.05.30 2016고단7618

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,500,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On October 20, 2016, at around 06:25, the Defendants’ joint criminal acts: (a) resisted to the Defendants on the ground that the Defendants engaged in the wing wing wing on the front side of Busan B, and the Defendant F (V, 50 years old) of the victim F (V, 50 years old) and the trial wing, Defendant A pushed the victim’s chest by drinking; and (b) Defendant B carried the victim’s head car by hand, thereby cutting the victim’s hair over the floor.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A, at the same time and place as set forth in paragraph (1) of this Article, was accompanied by Defendant A, on the ground that the said victim E reported to 112 by using his/her portable phone, to have the said portable phone cut off, so that it could not be known that he/she was on the seed floor.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and E;

1. Application of Acts and subordinate statutes to the police interrogation protocol to E or F;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 366 of the Criminal Act (the point of damage to property) and the choice of fines, respectively.

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In addition, even though there was a record of juvenile protective disposition several times as a crime of violence in the sentencing of Article 334(1) of the Criminal Procedure Act in the provisional payment order, the crime of this case is committed, and in particular, Defendant A did not have any liability for the crime by destroying another person's handphone, but the victim E provided the cause of this case, the victim E committed the crime of this case, the victims and victims do not want punishment, and the victims do not want punishment.