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(영문) 인천지방법원 2017.05.10 2017고단1628
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 3, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint assault) around 02:45 on June 3, 2016, when he/she had a dispute with the victim D (40 years of age) in the vicinity of the C convenience store located in Seo-gu Incheon Metropolitan City, he/she was assaulted against the victim, and the victim’s face and chest was taken time against the victim due to drinking and growth. The Defendant was also able to take the face of the victim by drinking and launching together with the Defendant.

Accordingly, the defendant assaulted the victim jointly with his nameless person.

2. The Defendant reported that the victim E (36 years) took screen pictures of this Chapter while assaulting D at the above date, time, and at the above location, the victim’s head was 2 times with the hand floor.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2 (2) 1 of the Act on the Selection of Punishment of Violences, etc., Article 260 (1) of the Criminal Act (the point of joint assault), Article 260 (1) of the Criminal Act (the point of assault) and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, sex, family relation, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The victim D, first of all, prices the defendant and the defendant used violence against the victim D.

Unfavorable circumstances: The victims were not agreed upon.

The defendant has been punished several times for the same crime in the past.

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