Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 100,000 won.

Punishment of the crime

Defendant

A around March 3, 2016, around 22:35, around 22:35, in the process of dispute between E and E in the street of Jung-gu Seoul Central Government, the victim's face was removed from the victim G(59 years old), and the victim's face was taken to drink, and the victim was laid off with the inner wall that requires approximately four weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of witness E;

1. Photographs (G damaged photographs);

1. Application of Acts and subordinate statutes to medical certificates;

1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties.

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

1. Parts of the offense under Article 334 (1) of the Criminal Procedure Act against the provisional payment order;

1. 공소사실의 요지[폭력행위등처벌에관한법률위반(공동폭행)] 피고인들은 2016. 3. 3 22:35경 서울 중구 D앞 노상에서 피고인 B(22세)이 술을 먹고 바닥에 침을 뱉는다는 이유로 시비가 되어 피해자 E(43세), 피해자 F(42세)과 언쟁하던 중 함께 피해자 E와 피해자 F을 주먹으로 수회 때리고 몸을 발로 찼다.

Accordingly, the Defendants jointly committed violence to the victims.

2. "At least two persons jointly" in Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a co-offender relationship between them, and that there is a case where several persons are aware of another person's crime in the same opportunity at the same place, and used it to commit the crime.

However, according to the evidence duly adopted and examined by this court, especially E, G, and H's respective legal statements, it is recognized only to the fact that Defendant A was attached to the victim E and F at the time of assaulting the victim E and F, and it is difficult to view that Defendant B participated in or recognized the assault committed by Defendant B. Thus, it is reasonable to view that this part of the facts charged is consistent with the facts charged.