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(영문) 서울중앙지방법원 2020.05.25 2020고정65
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by each fine of KRW 500,000.

The above fines are not paid separately by the Defendants.

Reasons

Punishment of the crime

Defendant

A around October 7, 2019, around 04:50 on October 7, 2019, at “D” located in Seocho-gu Seoul Metropolitan Government, the victim E (n, 18 years of age) and the body are faced with each other, and the victim’s head was determined by hand by taking the victim’s head, taking the victim’s head, taking the victim’s head, taking the victim’s head, and taking the victim’s head into account the victim’s head and the victim’s head.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Each police suspect interrogation protocol concerning E and F;

1. CCTV image USB;

1. Application of Acts and subordinate statutes concerning internal reporting (CCTV securing) and investigation reporting (CCTV analysis);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the order of provisional payment: Article 334(1) of the Criminal Procedure Act (hereinafter “the Defendants asserted to the effect that they did not commit violence on their own, and that they did not jointly commit a crime.” “When two or more persons jointly commit a crime of violence” under Article 2(2) of the Punishment of Violence, etc. Act requires that there exists so-called co-offender relationship between them exist between them, and that there are several persons under the same opportunity and commit a crime by recognizing another person’s crime in the same opportunity at the same place (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). According to the evidence supra, the following evidence reveals that Defendant A and the victim committed a crime by attaching the head of the other party to the time following physical contact. In this case, Defendant B’s head at the next place attached the victim’s head to the victim’s head, and the victim’s head at the entrance at the same time was moved to the surrounding area of the instant club.

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