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(영문) 대전지방법원 서산지원 2017.12.27 2017고단889
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A A shall be punished by a fine of 1,000,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. 피고인들의 공동 범행 피고인들은 2017. 8. 29. 02:40 경 당 진시 C에 있는 D 노래 연습장 앞 도로에서, 피해자 E(25 세) 가 피고인 A의 어깨에 부딪쳤다는 이유로 화가 나 피고인 A은 주먹으로 피해자의 얼굴을 1회 때리고, 피해자가 이에 대항하여 피고인 A을 넘어뜨리고 피고인 A의 몸 위에 올라타자 피고인 B은 발로 피해자의 얼굴을 1회 찼다.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant B, at the time, at the place, and at the time, at the victim F (25 years of age) of E, f (the victim F (25 years of age) who was a single criminal offender, committed an injury to the victim by taking care of the victim’s face on a hand, such as an injury, such as an external wound, brush, which requires approximately four weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspects of E;

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

1. Application of Acts and subordinate statutes to field photographs and diagnostic certificates;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (2) 1 of the Punishment of Violence, etc. Act, Article 260 (1) of the Punishment of Violences, etc. Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and each choice of imprisonment;

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. The community service order (defendant B) under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A was assaulted by the victim E, and all the Defendants agreed with the victim E, there was no history of punishment exceeding the same criminal record or fine, and Defendant B did not have any history of punishment exceeding the fine.

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