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(영문) 의정부지방법원 2017.04.24 2017고정342
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine for negligence in KRW 7,000,000 (locks only).

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

Reasons

Punishment of the crime

On March 25, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime, such as violation of the Punishment of Violences, etc. Act (joint injury) at the District Court of Jung-gu, and the judgment became final and conclusive on April 2, 2016.

On May 16, 2015, the Defendant, at the J's point in E, F, G, H, and J around 02:0 on May 16, 2015, was drinking alcohol.

On the ground that I do not know I would like to know I would like to call the head of K (35 Do) who is an employee, and the defendant could take the face of the victim because E would take the face of the victim in drinking, and F would take the neck of the victim L (35 Do) who biffs it into the wall and take the face in drinking.

The Defendant: (a) expressed that the victims will be towed into the room and die; (b) H expressed the desire to do so, and (c) took the bath to the victims, and (d) took the surgery into a shouldered beer’s disease, and (c) threatened the victims.

Accordingly, the defendant assaulted victims jointly with E, F, G, and H.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused, E, F, G, or H;

1. Each police statement with respect to K and L;

1. Each statement K and L;

1. Relevant photographs;

1. Previous convictions: Inquiry into criminal records and investigation records, confirmation date of confirmation, and application of each statute of a judgment;

1. Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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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