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(영문) 대전지방법원 2017.06.28 2016고단4154
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 300,000,000, and by a fine of KRW 100,000.

The above defendants are fined.

Reasons

Punishment of the crime

Defendant

At around March 28, 2016, Defendant A and Defendant B engaged in drinking and singing in the J bar located in Daejeon Daejeon-gu, Daejeon-gu, Daejeon-gu. On March 28, 2016, Defendant A and Defendant B assaulted the victim jointly with the victim, including: (a) the victim’s micro-satise is a trial day; (b) the victim’s face is catfed by hand; (c) the victim’s face is catd by hand; (d) the victim’s head is fatd; and (e) Defendant B assaulted the victim by sating and pushing the victim’s

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each legal statement of the witness H and D;

1. In light of the following facts: (a) Defendant B used dan CCTV video images (hereinafter “Defendant B”) that did not commit a assault jointly with Defendant A and C; (b) Defendant B used dan CCTVs for drinking d’s ebbbbage, ebbbbbbing or smuggling, etc.; and (c) Defendant A used d’s ebbbbbbing or pushing d’s ebbing, etc.; and (d) Defendant A used d’s ebbbing and ebbing the victim; and (c) in full view of the fact that Defendant B was the conduct of Defendant B’s ebs.

However, the part that Defendant B assaulted Victim D in collaboration with Defendant C is not guilty for the following reasons.

Application of Statutes

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc., and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

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

1. In the case of Defendant B with reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the victim D’s first use of violence and thereby resulting in the crime of this case. The extent of the use of violence is not limited, and the Defendants were assaulted by the victim D, but the victim D was sentenced to dismissal judgment by stating that the Defendants were not subject to punishment, and the victim D was subject to prosecution.

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