(영문) 수원지방법원평택지원 2020.10.08 2020고정399

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(영문) 수원지방법원평택지원 2020.10.08 2020고정399

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

At around 22:00 on March 14, 2020, the Defendant committed assault against the victim by following the Defendant: (a) on the first floor of the D Hospital located in Pyeongtaek-si C, Gyeonggi-do on March 14, 2020; (b) on the first floor, the victim E (the age of 56) entered the first floor; (c) on the back of the victim’s head debt; (d) on the drinking face; (e) on the other hand, the Defendant used the victim’s head debt; and (e) on the other hand, he knee knee knee kne kne ke knee knee knee

Summary of Evidence

1. Defendant's legal statement;

1. The application of the investigation report of each police interrogation protocol on E and B (in cases of attaching data to the on-site CCTV images and photographs-cape images) and the application of the Act and subordinate statutes to investigation report (CCTV image verification);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, the selection of fines (including the motive and background of the commission of the crime, the degree and result of violence, and the fact that the victim does not want the punishment by mutual consent with the victim, etc.);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. At around 22:00 on March 14, 2020, the Defendant reported that he was together with the victim E (the 56-year old age) who is a person related to his de facto marriage and F (the 56-year old age) in the D Hospital parking lot located in Gyeonggi-si, Gyeonggi-si, and reported that he was living together with the victim E (the 56-year old age), and taken the victim's left face by drinking with the victim. The Defendant kneeped the victim with the same hand in a knive hand, laid the victim's head on the floor, laid the victim's head, laid the victim's head on three occasions and one left hand, and then made the victim's face several times by hand.

Since then, the defendant was able to take the head of the victim's head, cut out the floor, and assaulted the victim's face three times with his left hand, and cut off his head by scaming him over the floor.

2. Determination:

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제1호

유사 판례

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