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(영문) 대구지방법원 2017.11.22 2017고단5422
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A and Defendant C shall be punished by a fine of KRW 1,500,000, and Defendant B shall be punished by a fine of KRW 4,000,00.

The Defendants are the defendants.

Reasons

Punishment of the crime

The Defendants are ex post facto protruding.

On August 21, 2017, around 21:09, the Defendants drinking alcohol in the “E D” located in Daegu Northern-gu, Daegu Northern District, and Defendant B, as a result of the Defendant B’s shocking disturbance with the customers of other tables, brought about a dispute between Defendant B and the victim F (59). The victim’s spawn away with Defendant B’s title, and said, the victim’s spawn that spabn.

In this regard, the defendant A saw the victim's appearance behind the victim's seat, the defendant B saw the victim's face by hand, and the defendant C saw the victim's face over the floor by pushing the victim three times by hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the Defendants’ roles and degree of assault committed in the crime of joint assault of this case, the victim appears to have committed assault in the course of wrapping with the Defendants, the degree of damage inflicted by the victim, the Defendants’ agreement with the victim, the Defendants’ agreement with each other, taking into account each other’s criminal records, and taking into account the conditions for sentencing under Article 51 of the Criminal Act, such as the Defendants’ age and sexual conduct.

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