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(영문) 수원지방법원 성남지원 2016.04.01 2015고정1269
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fine, it shall be prohibited.

Reasons

Punishment of the crime

Defendants, victims D, E, and F, other than public prosecution, are employees of Lone Star apartment agency.

Defendants and F, around March 9, 2015, around 22:50, at H restaurants located in Gwangju-si, and at the first round, the Defendants and F were involved in the dispute on the following tables.

As F was assaulted by breathing flaps from the victim D, the Defendants were flaped, and the Defendant B was flaped with the face of the victim D(55 years old) by drinking the victim E(41 years old). The Defendant also flapeddd the victim E(41 years old), and flaped with it.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning interrogation of suspect with regard to D;

1. Application of the law of the police statement protocol to F;

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 former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act in each of the Criminal Procedure Act provides for the sentencing conditions indicated in the records of the instant case, i.e., the following circumstances and the Defendants’ age, sexual conduct, family relationship, family environment, motive and means of the commission of the crime, and circumstances after the commission of the crime: (a) the sentence identical to the order shall be determined in full consideration.

The victim D was punished for the defendants at a disadvantage.

E among the victims is not subject to the punishment of the Defendants.

Defendant

A has no record of investigation or punishment so far, and Defendant B has no record of being punished more than a suspended sentence.

As the Defendants were assaulted by the victim D, the Defendants would result in any contingent crime of this case.

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