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(영문) 제주지방법원 2019.11.29 2019고정41
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

At around 05:00 on December 20, 2017, the Defendants jointly committed assault against the victim E (the age of 37) who was listed in the above stairs and the Defendant’s mutual shoulder, and Defendant A committed assault against the victim by drinking the victim’s head and head. Defendant B, who was a driving of Defendant A, who was next to the above, committed assault against the victim by 2 to 3 times by drinking the victim’s face.

Summary of Evidence

1. Each legal statement of witness E and F;

1. The written complaint (the defendants and the defense counsel unilaterally committed violence against the victim at the time, and the defendants argued that there was no fact that they committed the crime at the time, but the victim has consistently made a statement from the investigative agency to the above court in detail, the witness F also made a statement consistent with this, the witness F also made a statement at the same time, and the F can be found guilty of the above crime in full view of the credibility of the statement, such as the victim's oral behavior but statement of disadvantageous facts against the victim, etc.

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the same Act, Article 260 (1) of the Criminal 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, the circumstances leading up to the occurrence of the case of sentencing, the degree of damage inflicted upon the Defendants and the victims, the Defendants’ previous records of each kind of fine, and the Defendants’ age, character and conduct, environment, means and result of the crime, and the circumstances after the crime, etc., shall be comprehensively considered and determined as the order.

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