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(영문) 서울중앙지방법원 2017.06.08 2017고단1889
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1.2 million.

The Defendants were punished by fine.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint assault) were driven by victims G (42 tax) on the roads of “F in Gangnam-gu Seoul, Seoul, around December 22, 2016, at around 22:50, on the road of “F” in Gangnam-gu, Seoul.

While blocking and cutting a H car, Defendant A assaulted the victim’s fat, such as fating the fat, and fating the fat, Defendant B and D assaulted the victim’s bat and fating the fat.

Accordingly, the Defendants assaulted the victim jointly with D.

2. Defendant A, who received a report at the same time and place as the preceding paragraph, was arrested as a current criminal by a police officer who was dispatched, and boarded the patrol vehicle to a police station to take over a new disease, and without any justifiable reason, damaged the patrol vehicle, which is a building for public use, by walking the back of the patrol vehicle to a police station.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs and estimates of damaged articles;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 141(1) of the Criminal Act (the point of damage to goods for public use);

(b) Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (a point of joint assault)

C. Selection of each fine (the amount of fine shall be determined by taking into account the following concurrent crimes, taking into account the developments leading up to the instant case, degree of damage, age of the Defendants, sexual conduct, environment, circumstances before and after the commission of the crime, etc.

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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