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(영문) 의정부지방법원 2017.01.13 2016고단4582
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 22, 2016, the Defendant: (a) around 04:05, around 04:05, at the “C main point” located in Dongbcheon-si B, the Defendant was punished for the victim E (51) and trial expenses, who was another customer, who found the lost mobile phone from the said main point.

The defendant, on the ground that the victim interferes with the victim's finding of his mobile phone, was taken by the victim's face by drinking the victim's face, and D also 3 to 4 times.

Accordingly, the defendant assaulted the victim jointly with D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Each statement of E, A, and F;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act with respect to the facts of crime (the selection of punishment)

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 recognizes and reflects his mistake in sentencing.

There seems to be some circumstances to consider the circumstances of the instant case.

In agreement with the victim, the injured person does not want to punish the accused.

Other conditions of sentencing, such as Defendant’s age, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as per the disposition.

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