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(영문) 수원지방법원 성남지원 2016.04.01 2015고단1777
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant, D, Victim E (36), Victim F (40) and Victim G (25 tax) are employees of Lone Star apartment agency.

On March 9, 2015, the Defendant, while drinking alcoholic beverages together with D at the I restaurant located in G in G in Gyeonggi-si, Gwangju-si, the Defendant: (a) when the victim E, the victim F, and the victim G, who was put a vision at the first ceremony, was fluencing back to the table table by a suddenly following it; (b) flucing the victim G, while working in a dispute, and fluencing the victim G by “I flucing without a fluent fe,” and flucing the victim’s flab, and flucing the victim’s flab with his hand; (c) fluencing the victim and EF with his hand; and (d) together with D, fluencing the flab of the victim E and the victim F.

Accordingly, the defendant assaulted victims jointly with D.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement by the witness J;

1. Application of the statutes in which statements by witnesses F, E, and G are entered in the second public trial protocol;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act; the selection of fines (the following sentencing shall be considered as favorable circumstances).

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. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered by the Criminal Procedure Act.

Unfavorable circumstances: The defendant has a lot of records of punishment for the same kind of crime.

The victims have assaulted the defendant as a favorable circumstance: the victims and the victims have occurred during the vision of the Si.

The victims are not punished by the defendant.

The defendant is punished as a suspended sentence or more.

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