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(영문) 인천지방법원 2018.08.16 2018고정1196
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On November 9, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on January 9, 201, and the judgment became final and conclusive on June 18, 2018.

[Criminal facts] The Defendant and B are the relationship between the Defendant and the latter and the latter.

On April 17, 2017, around 23:28 on April 17, 2017, the defendant was on board the Incheon Gyeyang-gu C, and D.

E Vehicle becomes a vision for each other on the grounds that the victim F(34) was changed.

At this time, B revised a part of the facts charged ex officio to the extent that it does not put a disadvantage to the defendant's right of defense on the ground that the injured person expressed a desire to the defendant (Evidence No. 24 of the evidence record). The victim's chest was pushed over the victim's chest, and the victim's face was pushed over by the victim's face, and the victim's face was faced with the victim's face in favor of the victim's face.

The defendant also threatened the victim's face, which is beyond the floor, by putting together the victim's right ear, and threatening the victim's face which is beyond the floor.

Accordingly, the defendant and B jointly committed violence to the victim.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. A protocol concerning the suspect B of the police;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a disaster, photographs of damaged victims and investigation reports (the confirmation of CCTV around the site);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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