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(영문) 대전지방법원 홍성지원 2017.08.28 2016고단879 (1)
폭력행위등처벌에관한법률위반(공동폭행)
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

[criminal record] On February 17, 2016, the Defendant was sentenced to one year and six months of imprisonment, three years of suspended execution, and the judgment became final and conclusive on February 25, 2016, for the crime of violation of the Punishment of Violences, etc. Act (joint conflict) in red support of the Daejeon District Court.

[2] The Defendant, B, and C, without any particular reason, stated in the water gun in the front line and the rear line. The Defendant and C, without any specific reason, gathered to launch the front line by driving a car on the opposite university premises and its neighboring roads. On October 16, 2015, the Defendant and C, driving a cub car in the vicinity of the Hongnam-gun Hongnam-gun Hongnam-gun Hongnam-gun Hongnam-dong Library, and driving a cub car in the front line to D, and spread it to the victim E, who was walking at the time of the completion line, from that time until October 2015, the victims were assaulted as stated in the list of crimes in the attached Table.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, I, and E;

1. Previous convictions: Application of Acts and subordinate statutes, such as a result of inquiry, such as criminal history, investigation report (Evidence List 22), judgment, and indictment;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of fines, etc.

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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