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(영문) 서울중앙지방법원 2020.02.05 2019고단5788
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

around 17:51 on August 22, 2019, the Defendants got to the victim F (the age of 47) who drinks alcoholic beverages from the bed while drinking alcohol before D Station “Ea” located in Jung-gu Seoul Metropolitan Government.

Defendant

A, without any reason, her head was flick of the victim's head, and Defendant B also her head was flick of the victim's head, and the victim was flick of the victim's head.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. CCTV screen storage CDs;

1. Application of the Acts and subordinate statutes to a criminal investigation report (E center CCTV image reading), E center image closures;

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the same Act, the selection of fines

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendants assaulted the victim without any special reason; (b) the Defendants had the record of criminal punishment for violent crimes; and (c) Defendant B committed the instant crime during the period of repeated crime; and (d) the Defendants committed the instant crime against the Defendants.

On the other hand, the defendants recognized the mistake as a substitute, and the victim does not want the punishment of the defendants by mutual consent with the victim, and the defendant A has no record of criminal punishment heavier than a fine due to violent crimes.

In addition, the sentencing conditions indicated in the records, such as the age, occupation, character and conduct, family relation, living environment, background leading to the crime, circumstances after the crime, contents and result of violence, etc., shall be determined as ordered by considering the following factors.

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