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(영문) 수원지방법원 2018.01.29 2017고단8536
폭행등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

A around October 3, 2017, around 06:10 on October 3, 2017, around 06:10, around the above D restaurant building, with the knowledge that, in front of the victim E (27 tax), he/she takes an act of violence, such as the Defendant, B, C, and F, into a cell phone, and the above E was pushed out, and the F went out to the end.

Defendant B and C continued to drive away from the above E, and Defendant B and C met the above E by drinking and sprinking it, and Defendant B and C met the face of the above E by drinking it over the floor, and the face of the victim G (26 tax) who was a driver of the above E (26 tax) was taken over by drinking it, and Defendant B followed the face of the above G beyond the floor.

Accordingly, the defendant assaulted victims jointly with B, C, and F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police with H;

1. Application of CCTV-cape video Acts and subordinate statutes;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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 to create a risk of undermining the body of victims and increasing the violence of participants by participating in joint assault.

However, the Defendant had no record of punishment prior to the instant case.

The Defendant did not share the same drinking place from the beginning with the terroin B, etc., but was later involved in fighting in order to assist the terroin B, who is dissatisfied with E, and the degree of violence is also not more than the other participants of violence.

Of the victims, E does not want to punish the defendant any longer.

In addition, the arguments and records of this case, such as the defendant's age, sex, motive and background of the crime, means and consequence, circumstances after the crime, and records.

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