(영문) 춘천지방법원 2020.01.21 2019고단329

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(영문) 춘천지방법원 2020.01.21 2019고단329

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of five million won, and Defendant C shall be punished by a fine of three million won.

Reasons

Punishment of the crime

On September 23, 2018, at around 00:0 on September 23, 2018, the Defendants am under the influence of alcohol in the front of the 'Ecafeteria restaurant located in Hongcheon-gun, Hongcheon-gun.', the Defendants got to dispute with the victim F (23 years of age) who was smoking tobacco at that place and the Defendant A am under the influence of drinking. Defendant C was fright the victim's fright with drinking, and Defendant B was pushed with the victim's chest with his left hand, and Defendant B was pushed down with the victim's chest with his hand, and Defendant A was skeed with the victim's chest with the victim's finger, and Defendant A was sicked with the victim's hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendant A and C’s legal statement

1. Legal statement of witness F, G and C;

1. Protocol concerning the examination of the suspect against the defendant A and B by the prosecution;

1. Defendant B asserts to the effect that it is difficult to recognize the credibility of his statement in light of the following: (a) the photograph, each CCTV-cape photograph, and CCTV image CD, which led to a confession made by an investigative agency as to the facts charged because his/her memory was not accurate at the time; (b) the CCTV image does not confirm the face of his/her assault; and (c) the victim and his/her agent G made a false statement that he/she was A even though he/she was the first victim at an investigative agency.

Comprehensively taking account of the contents of the statements made by the victim and G in this court and in the investigative agency, the attitude of the statement, CCTV images and the scope of shooting, and the confession statements made by the prosecution of the defendant B, it is sufficiently recognized that the defendant B used the victim as stated in its reasoning.

The victim and G used ‘A' in investigative agency to purchase the first victim', and the victim and G used the first victim's clothes, and used the assault and use B as stated in this decision, and used the assault and use of B. A as stated in its reasoning.

“...........”

According to CCTV images, there is an initial vision between Defendant A and the victim.

유사 판례

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