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(영문) 수원지방법원 안산지원 2016.02.03 2015고정1436
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 14, 2015, the Defendant jointly with C, while golfing in the “E golf course” of “E golf course” located in Sinsul City, Singu, Singu on April 19:30, 2015, the Defendant called “as soon as possible after a long time has been delayed” due to the victim F(55).

Accordingly, the Defendant dumped the victim's blaps over two times, pushed the victim's blaps, boomed the victim's blaps, cut the victim's blaps, and pushed the victim's blaps by hand.

Accordingly, the defendant committed violence to the victim jointly with the above C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F, G, H, and C [the defense counsel and the defendant asserted to the effect that they are not innocent since they did not assault the victim.

The main part of the facts charged is as follows: G’s legal statement, the main part of the above golf course’s business, and H’s legal statement, the witness of a relatively neutral position from the Defendant and the injured party, and the Defendant’s work.

C seems to be supported by some legal statements.

The police statements of the defendant I, who is placed at this time, are hard to trust at par value in light of the contents of the statement and the relationship with the defendant.

Accordingly, the above argument of the defense counsel and the defendant do not accept the application of the law

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;

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