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(영문) 수원지방법원 안산지원 2014.07.04 2014고정888
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three hundred thousand won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On April 11, 2014, around 08:17, the Defendants deemed that E, while drinking alcoholic beverages at D points, who was not good for the usual evaluation of alcoholic beverages, performed alcoholic beverages together with the fluor’s fluor in the next table.

Defendant

A used to use “E” as a blobbb B, and flobbbly flobly flaps, and flabed a cigarette butts that were flobed in the face, and assaulted “E”’s face, flobly f, and flobly fighting, and Defendant B used “F”’s head f, on the ground that the F was blobly blad while blad.

Accordingly, the Defendants jointly assaulted E/F.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of E, H, and F;

1. A report on investigation (a photograph of the upper part of the suspect);

1. Application of the Acts and subordinate statutes governing the criminal place

1. The Defendants: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of fines, and the selection of fines

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: In light of the following: (a) Defendant A’s reasoning for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Defendant A”) committed the instant crime; and (b) the method of and attitude for the victim’s fating of cigarette butts face; (c) Defendant A appears to have used violence first to the victim E; and (d) Defendant B had the record of being punished twice for the same kind of assault in the last five years, the amount of fine under the summary order cannot be deemed excessive.

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