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(영문) 서울남부지방법원 2017.11.17 2017고단4342
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A shall be punished by a fine of KRW 7.5 million, by imprisonment with labor of Defendant B for six months, and by a fine of KRW 2.5 million.

Reasons

Criminal facts

1. Defendant A, and C were in violation of the Punishment of Violences, etc. Act (joint assault) around 05:20 on May 12, 2017, Defendant A and C met with the victim B (20 years of age) while drinking alcohol together with F and G around May 12, 2017, on the ground that the victim B (20 years of age) was in the way of drinking alcohol with the victim B (20 years of age) while drinking alcohol, Defendant A got the walk of the victim H (21 years of age) one time in the way of drinking, and Defendant A had the face of the victim H (21 years of age) four times in the way of drinking alcohol. Defendant C, in combination with this, was able to take the face and body body of the victim H by drinking and drinking alcohol, and Defendant C left the victim A with the victim’s plastic hand, Defendant A and the victim C was in the way of having been in the victim’s hand.

Accordingly, Defendant A and C assaulted victims jointly.

2. Defendant B’s special injury Defendant B and H were assaulted at the date, time, and place described in paragraph 1, and the victim A (22) and his/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her/her of the victim’s body once citing

As a result, Defendant B, in collusion with H, carried dangerous goods and inflicted injury on the victim, such as the two heat windows where it is impossible to identify the number of days of treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police suspect against H and I;

1. Each police statement made to F and G;

1. CCTV images;

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

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

A. Defendant A and C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, the selection of each fine

B. Defendant B: Articles 258-2(1), 257(1), and 30 of the Criminal Act

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

1. Defendant B: Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing) are favorable.

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