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(영문) 창원지방법원 통영지원 2016.04.15 2016고단73
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On November 7, 2015, from around 07:40 to 07:50 on the same day, the Defendants released from the ground that the victim G (20 years) with a face in the back end of the F B located in Sinsi E is not in this mind, and Defendant B’s click with the victim’s hand once blick, and Defendant A is equal to bitch bitch bitch bitch.

It is now possible to die.

When both faces of the victim are taken several times due to drinking, while taking a bath, the Defendants assaulted the victim jointly. After again Defendant B took the victim’s face at several times, the Defendants assaulted the victim jointly.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

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

1. Defendants of the Provisional Payment Order: The Defendants committed the instant crime at a disadvantage with the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable circumstance that the Defendants committed several assaults against the victim on the grounds that they had been punished for the same kind of crime (in particular, in the case of Defendant A, the crime committed during the period of probation for the same kind of crime): The instant crime did not cause any additional injury, such as injury, to the victim; the victim did not want the punishment of the Defendants by agreement with the victim; the victim complained of the Defendants’ preference; and the Defendants resisted the Defendants.

The punishment shall be determined as per the order, comprehensively taking into account various sentencing conditions shown in the arguments and records of the case, such as the age, sex, environment, etc. of the defendant.

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