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Reasons
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(영문) 창원지방법원 2016.02.03 2014고단2319 (2)
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On June 22, 2014, the Defendant of the Joint Violence B, C, and D: F clothes located in Sungsan-gu, Changwon-si, Changwon-si on June 17, 2014; and B covered clothes.

G sent a large volume of sound to G, which was observed on a motor vehicle;

G her husband’s her husband’s h (44 h) talks about the story “A”, the Defendant, by putting his hand in windows and cutting down his arms, cut off his automobile keys, thereby getting the victim out of the train. B was sculing the victim’s breath, her body was pushed down, D was tightly pushed off the victim’s body, and C was tightly pushed back, and the Defendant et al. took the victim’s body. The Defendant et al. al. al. tried to avoid her fat, and took a bath.

The Defendant, B, C, and D assaulted the victim in common as above.

2. The Defendant, at the time and place set forth in paragraph 1, committed assaulting the victim on the ground that the Defendant and his/her behaviors photographed the scene of assaulting H as above, on the ground that the Defendant and his/her behaviors were influenced by the victim’s hair, and continued to commit assaulting his/her hair.

Summary of Evidence

1. Statement made by the police and the prosecutor with respect to G and H;

1. Statement made to I by the police;

1. On-site mobilization reports;

1. Application of photographs, CD-related Acts and subordinate statutes;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014); Article 260(1) of the Criminal Act (a) of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act (a point of a joint assault); and selection of fines, respectively.

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was poor and the damage was not restored.

However, the degree of damage is not much serious, there is no particular criminal history, and other co-defendants.

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