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(영문) 서울북부지방법원 2015.12.29 2015고단3651
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 8,000,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

The Defendants, at around 01:40 on June 13, 2015, performed alcohol at G main points located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and Defendant B, under the influence of alcohol, went on the front of the said main points in order to avoid tobacco, brought the victim H(52 years of age), who was in the said place without any justifiable reason, to “here a fright” and her hand fes off the said H’s chest.

As a result, Defendant B heard the horses from the above H, Defendant B sent back the face of the above H and the chest part of the chest, knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn's chest part of the above H's chest part, and kne-kne-kne-kne-kne-kn's part of the Defendant I (the age of 49) to the face of the witness.

On the other hand, the defendant A, who had been in the above main place, heard the horses from other customers, and she was in front of the above main place, and she was in front of the above main place, and she was in front of the above main place, and she was in front of the above main place, and was in front of the head of the above H and I, and kneed the chest and face of the above H with knee.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Each police statement made to H, J, and I;

1. The K's statement;

1. Each investigation report (No. 1 No. 5 of the evidence list);

1. Investigation report (to hear statements in K).

1. Application of the Acts and subordinate statutes to report on investigation (to hear statements with victim H);

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of each fine for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act, respectively, of the provisional payment order;

1. The scope of punishment by law: A fine not exceeding 1,1250,000 won;

2. The scope of recommendations based on the sentencing criteria: The person who selects a fine;

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