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(영문) 수원지방법원 안산지원 2018.02.07 2017고단2472
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for nine months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

A around May 5, 2017, the G cafeteria female toilets in F in the G Ma-si, expressed a bath to H (which is scheduled to be tried to be tried to be separated) and became a vision for each other.

Since then on the same day, the above Defendant discovered that he was seated on the upper pots of the above pots of 02:40 on the same day and found him while drinking alcohol, exceeded the floor by putting him head debt from H, and subsequently, was assaulted by the victim I (the victim I, 35 years old) who was driving at H.

그러자 위 피고인은 이에 대항하여 피해자의 머리채를 잡아당기고, 손으로 피해자의 얼굴을 수회 때리며, 피해자와 함께 바닥에 뒹굴고, 위 피고인의 일행인 피고인 B도 이에 가세하여 발로 피해자의 몸을 밟고, 주먹으로 피해자의 얼굴을 수회 때렸다.

As a result, the Defendants jointly inflicted an injury on the victim, such as 12 weeks or more on the left-hand side in need of treatment.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Statement of the second written protocol concerning the interrogation of the suspect in the prosecution against the defendant B (including the statement of the substitution of the defendant I);

1. Statement in the suspect interrogation protocol against Defendant J (including each substitute statement of H, A, and K)

1. Partial statement of the police statement concerning L;

1. A criminal investigation report (343 pages of investigation records) and a photograph of capturing CCTV image data;

1. Application of Acts and subordinate statutes (the 89-1 page of investigation records);

1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 2 (2) 3 of the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, and selection of imprisonment with prison labor;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant A: Determination on the assertion by Defendant A, the defendant under Article 62-2 of the Criminal Act

1. The gist of the allegation is the act of the defense of a political party or the act of a political party to escape from the victim's head debt, such act is the act of the victim's head debt and the act of the victim's head debt back to the victim's head debt, and the act of the victim B to the part above the victim's inside and on the bridge.

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