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(영문) 대구지방법원 경주지원 2016.05.11 2015고정278
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,500,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendants and D, when around 22:00 on June 10, 2015, when Defendant A she was eating a ice cream in front of F located in Sin-si on the ground that Defendant A she was flick with the victim G (38 years of age) and snowed, Defendant G and the victim H (35 years of age) were flick with the victim G, the Defendants and D were flick with the victim’s bath, and the victim she was flick with the victim G, and Defendant B was flicked with the victim H’s arms by walking the victim H from the victim’s appearance, and Defendant B was flick with the victim’s arms and horses, and she was flicked with the victim G.

Accordingly, Defendants and D jointly committed violence to victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness G and H;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (the punishment as ordered in the light of all the circumstances, including the selection of fines, the background and means of the crime of this case, the degree of the Defendants’ participation, the records of the crime of this case, and the fact that the Defendants did not agree with the victims) of the pertinent Act concerning criminal facts

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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