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(영문) 대전지방법원 천안지원 2013.05.30 2013고정30
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A around 09:35 on August 3, 2012, while driving his/her own car at the D intersection in the Asan City, it became a problem of victim E (37 years of age) and driving.

Defendant

A, after having made a vehicle on the side, he saw the balth of the victim's balth, sponsed the victim's face two to three times with the hand floor, and the defendant B combined this with it and sponsed the victim's face and body body with drinking and sprinking.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigative reports (reports on video CDs and photographs attached);

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, each of the choice of punishment, and Article 260 (1) of the Criminal Act;

1. Penalty defendant B to be suspended of sentence: Fines of 300,000 won;

1. Articles 70 and 69(2) of the Criminal Act (Defendant B: 50,000 won a day);

1. Defendant B of suspended sentence: Article 59(1) of the Criminal Act (Consideration of sentencing as follows);

1. Defendant A asserts that the Defendants did not jointly assault the victim at the time of determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act.

According to the above evidence, it can be acknowledged that Defendant A and the victim were aware of the accident on the ground that the accident occurred during the driving of the victim, and thereafter Defendant B was aware of the accident, and thereafter, Defendant B exercised the force of using force, such as destroying the victim’s bridge. Accordingly, it is reasonable to view that the Defendants assaulted the victim jointly.

The reason for sentencing is that the defendants assaulted the victim itself, agreed with the victim, the relationship between the defendants, the defendant B did not have any criminal record, and the conditions for sentencing, such as the age, character and conduct of the defendants and the environment.

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