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(영문) 춘천지방법원 강릉지원 2017.09.27 2017고단504
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 피고인들의 폭력행위 등 처벌에 관한 법률위반( 공동 폭행) 피고인 B은 2016. 2. 14. 00:05 경 동해시 E에 있는 F 앞 노상에서 술에 취한 피해자 G(32 세 )으로부터 별다른 이유 없이 ‘ 야 개새끼들 아’ 라는 말을 듣자 화가 나 주먹으로 피해자의 얼굴을 수회 때려 그를 바닥에 넘어뜨린 후 발로 몸 부위를 수회 걷어찼다.

Defendant

A은 위 B의 일행으로, B의 폭행에 가세하여 주먹으로 피해자의 얼굴을 수회 때리고, 발로 몸 부위를 수회 걷어찼다.

Defendants jointly assaulted the victim as above.

2. Defendant B’s forgery of a private document and the event of the above investigation document were assaulted by G as described in the foregoing paragraph (1), and received a report and accompanied the police officer accompanying the H district located in the East Sea with the H district located in the East Sea. Defendant was aware that the police officer was a fine unpaid, and the Defendant was aware of the fact that the police officer was serving as a senior ship of high school.

Defendant was aware of his personal information on the part of HJJ, instead of Defendant Defendant’s personal information.

I's name and date of birth means the name and the date of birth of I, stating "I" in the person's column of voluntary accompanying consent printed therefrom without authority, and affixing a seal on the next side, and submit the above written consent to J.

The Defendant forged one copy of the voluntary accompanying consent, which is a private document concerning the proof of facts, for the purpose of exercising the foregoing, and exercised it by delivering the document of voluntary accompanying consent to the police officer as if it was duly formed without knowing the forgery.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Witness G or K's testimony;

1. Application of Acts and subordinate statutes to voluntary consent to accompanying;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 2(2)1 and 260(1) of the Punishment of Violences, etc. Act (the point of joint assault) and Article 2(2)1 of the Criminal Act (the point of joint assault), Article 231 of the Criminal Act (the point of joint assault) and the Criminal Act.

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