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(영문) 대전지방법원 서산지원 2015.11.26 2015고단595 (1)
특수폭행
Text

Defendant

A and B shall be punished by each fine of KRW 3,000,000.

Defendant

A and B fail to pay each of the above fines.

Reasons

Punishment of the crime

[2015 Highest 595]

2. At around 04:11 on January 5, 2015, Defendant A, B, and D’s co-principal Defendants attempted to report to the police about the fact that the victim F (the age of 19) was suffering from an illness to H in the above “E restaurant,” and Defendant B forced the victim to live outside the vehicle of the victim, led the victim to a parking lot outside the above restaurant, and forced the victim to move the victim to the vehicle outside the above restaurant, and the Defendants were able to take the victim’s face and chest, etc. into drinking and drinking in the above vehicle, and the Defendants were able to go to the victim’s face and breast, etc. in the above vehicle. Defendant D continued to look back with the victim’s dub, and Defendant D got the victim out of the vehicle.

As a result, the defendants jointly with I put about a variety of 14-day therapy for the victim.

Summary of Evidence

[2015 Highest 595]

1. Defendants’ legal statement

1. A protocol of suspect examination of I by the prosecution;

1. Each police statement made to F and H;

1. Protocol of postal statement to J;

1. A criminal investigation report or internal investigation report (Attachment to ctv images and capse photographs);

1. CCTV-cap photographs;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines, and Article 257 (1) of the Criminal Act;

1. Defendant A and B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A, B: The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act, Defendant A, and B, without any particular reason, led the victim F to the police to take the victim F, who tried to report damage, and the damage therefrom was not recovered.

However, the first offense of Defendant A and B is considered as favorable circumstances.

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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