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(영문) 대전지방법원 천안지원 2019.11.22 2019고정113
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants, C, and D’s joint assault C, on March 25, 2018, became a vision for the following reasons: (a) around 05:00 on March 25, 2018, on the ground that the victim E (Nam, 23 years of age), snow, and H expressed a desire in the side.

이를 본 피고인 B은 H을 향해 다가가다가 피해자가 말리자 화가 나 피해자의 얼굴을 손바닥으로 수회 때리고, C과 피고인 A은 이에 가세하여 피해자의 얼굴과 몸을 발로 수회 차고, D은 피해자의 머리채를 잡은 후 넘어뜨린 다음 발로 1대 걷어찼다.

Accordingly, Defendants, C, and D assaulted victims E jointly.

2. The Defendants and C jointly assaulted Defendants and C with the Victim H were to be done at the same time and at the same place as set forth in paragraph (1) and for the same reason, and Defendant B took the victim H (ma and 23 years of age) into drinking and launching. Defendant A her head and her body was cut back and her body was cut back several times, and C her face was taken back several times.

As a result, Defendants and C assaulted the victim H jointly.

Summary of Evidence

1. Defendant B’s legal statement

1. A protocol concerning the examination of each police suspect against the defendant A, C, D, or E;

1. A report on the occurrence of violence and a criminal investigation report (with respect toCCTV images);

1. Previous records: Application of criminal records and investigation reports, and Acts and subordinate statutes;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines for the crime;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for each order of provisional payment is serious, and the degree of assault against victims of the instant case is serious, and there is considerable apprehension and confusion among the surrounding citizens.

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