(영문) 수원지방법원 안산지원 2014.04.02 2013고정1672

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(영문) 수원지방법원 안산지원 2014.04.02 2013고정1672

폭력행위등처벌에관한법률위반(공동폭행)

Text

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

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

Reasons

Punishment of the crime

On February 10, 2013, the Defendant, jointly with C on February 10, 2013, committed assault, such as: (a) discovering water in the corridor before the victim E-house located in the D Building 102; (b) thought that the victim did not diving water; and (c) resisting the victim, and (d) resisting the victim, the Defendant committed assault with C, such as making the victim take the face of the victim drinking together.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E, and part of witness C’s legal statement;

1. Each police interrogation protocol of the accused, C, and E;

1. Side photographs, etc. of the victim of the assault;

1. Application of Acts and subordinate statutes to a written agreement;

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

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

1. The defendant and his defense counsel's assertion on the assertion of the defendant and the defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant alone assaulted the victim, but the following circumstances acknowledged by each of the above evidence, i.e., the victim first stated at the investigation agency to the effect that C fights between the defendant and the victim were assaulted with the defendant later (the witness E's statement in court and evidence record No. 41), and ii) although C stated that it was not assaulted by the victim in this court, it is difficult to believe in light of the defendant's official, investigation agency, contents of the agreement, etc., but rather, according to the police suspect interrogation protocol (Evidence No. 33 and 34 of the evidence record) about C with which the defendant consented as evidence, C was at the scene at the time of the above crime, and told at the first time, but at the end, it was assaulted by the victim and stated to the effect that it was erroneous.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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