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(영문) 서울중앙지방법원 2017.02.08 2016고단9216
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

The Defendants are military personnel belonging to the United States Armed Forces in Korea, subject to the usfk Status Agreement (USFA).

On October 16, 2016, around 00:50, the Defendants assaulted the victims, such as the victim H (40 Doh) and Sivic for reasons of unknownness, during the dispute between the victim H (40 Doh) and Sivic for drinking, when the victim’s face is raised, and the body fighting is conducted.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of H with respect to the police;

1. A report on investigation (related to the extraction and analysis ofCCTV images and the statement of witness);

1. Application of Acts and subordinate statutes to CCTV image analysis photographs;

1. Article 2(2)1 of the Punishment of Violences, etc. Act, Article 2(1)1 of the Criminal Act, Article 260(1) of the Criminal Act, and the selection of fines for criminal facts

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows: (a) recognizing the crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the victim does not want the punishment against the Defendants; and (c) other circumstances constituting the sentencing conditions in the records of the instant case, such as the Defendants’ age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc., shall be equally taken into account.

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