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(영문) 수원지방법원 2016.12.22 2016고단490 (2)
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

On December 2, 2015, at around 04:00, the Defendants expressed the victim D and E in front of the Suwon-gu Suwon-si, that “hingly for the purpose of drinking” to Defendant A’s daily activities, and assaulted the victim jointly, such as the victim’s neck by hand, Defendant A’s hing the victim’s neck, Defendant B’s shoulder by hand, and Defendant B’s shoulder.

Summary of Evidence

1. Each police interrogation protocol of the Defendants, D, and E

1. A written statement;

1. Investigation report (related to the statement of the shote);

1. Application of the Acts and subordinate statutes on the closure of a crime;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13178, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13178, Jan. 6, 2016); the selection of fines for negligence

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The dismissal part of the prosecution under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) Defendant A, at the time, at the time and place of the above facts charged, flabed the victim E’s breath, and assaulted the victim by taking the victim’s face with his hand.

2. The above facts charged are crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.

However, according to the statement of the police interrogation protocol of the victim E, the victim E expressed clearly his/her intention not to punish the defendant A on December 23, 2015, which was prior to the prosecution of this case.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 2 of the Criminal Procedure Act.

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