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(영문) 수원지방법원 여주지원 2021.03.31 2020고정246
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On April 17, 2020, the Defendant and B had drinking by entering the “D” restaurant located in Chuncheon City around 23:05 on April 17, 2020, and had a dispute between the victim E ( South, 36 years old) who was seated in the next table and the Silbb. The Defendant and B got out of the above restaurant, while drinking alcoholic beverages by using all television at the place. They had a dispute over the next table. The Defendant left the restaurant and she had a flab, she had a flab, she had a flab, and she had a flab.

B Then, the Defendant and B respectively laid down the bricks on the floor of the victim, and used them to jointly commit assaulting the victim, such as cutting down the above bricks on the floor. In addition, the Defendant and B used the bricks on the floor of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police examination protocol to B and E, the scene of interrogation of the suspect, and the Acts and subordinate statutes damaged thereby;

1. Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (Selection of a penalty) of the same Act on criminal facts (this case’s charge is denied to the effect that the Defendant did not have participated in the assault, but the charges can be sufficiently recognized according to the victim’s statement, field photograph, etc.)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendant was subject to criminal punishment for violent crimes, and did not make any effort to recover damage to the victim.

Based on the above circumstances, the punishment as ordered shall be determined by taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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