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(영문) 인천지방법원 2017.02.02 2016고정642 (1)
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On November 12, 2015, the Defendant and B jointly committed the crime committed by the Defendant and B around 00:00, on the street in front of the D restaurant in Namdong-gu Incheon Metropolitan City, where the Defendant and B were in dispute with the victim E (32 years old), and the victim F (29 years old), and the Defendant were in dispute with the victim E, and the Defendant was in dispute with the victim’s hand when the victim’s fth, head, face, and face were f, and the victim’s body was f, taken by hand, and the victim F’s head was f, and the victim F’s body was f, taken by drinking.

Accordingly, the defendant and B assaulted victims jointly.

2. The Defendant’s sole crime committed the victim G (17) et al. at the time, time, place, etc. set forth in paragraph 1, sent the victim G (17 years old), etc. at one time from the victim G’s face, three times from the victim H (17 years old), three times from the victim H (17 years old) face in drinking, and one time from the victim J (17 years old) face in drinking, and one time from the victim K (31 years old) face in drinking.

Accordingly, the defendant assaulted victims.

Summary of Evidence

1. A protocol concerning examination of the suspect of some police officers against the defendant or B;

1. A protocol concerning the examination of suspect of the police against E or F;

1. Each police statement made to G, H, I, and J;

1. The K's statement;

1. Application of Acts and subordinate statutes to damaged parts, on-site photographs, and to photographs of damaged parts of the F;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016; Act No. 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; Articles 260(1) and 260 of the Criminal Act for each type of crime; the choice of fines

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 concerning the order of provisional payment;

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