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(영문) 수원지방법원 안산지원 2018.11.15 2018고단1721
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a maximum of three years and a short of two years and completed the execution of the sentence on April 4, 2015.

The Defendant and B, along with the one-way C on November 12, 2017, had been faced with the victim D and the shoulder that C passed, while around the 33-si taxi stops in Ansan-si on November 12, 2017.

Accordingly, C is able to walk the body part, etc. of the victim D by putting a shaking of the victim E's head head, and the defendant is able to walk the victim D's face twice in the hands of the victim D, and the defendant is able to walk the victim D's face more than twice in the hands of the loss and walk the victim D's face more than twice in the hands of the victim D's head, and the victim E's face is able to walk the victim E's face, and B is able to walk the part of the victim F's body, which was fighting, one time in the hands of the victim F's face.

Accordingly, the defendant assaulted victims jointly with B and C.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspect B by the prosecution;

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

1. Each written statement;

1. On-site ctv images to take a course;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal investigation reports (suspect A, repeated crime, etc.);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes (the prosecutor was indicted for a single crime, but this does not seem to be a substantive concurrent crime as a result of the hearing of this court, and this does not seem to be a substantial disadvantage to the defendant. Thus, without the amendment of the indictment, it is acknowledged as above without the amendment of the indictment, by Supreme Court Decision 2005Do5996 Decided October 28, 2005)

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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