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(영문) 서울북부지방법원 2017.04.14 2016고정2305
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On June 22, 2016, the Defendants: (a) around 22:22 on June 22, 2016, on the ground that the Defendants were in front of the toilets located in Dongdaemun-gu Seoul Metropolitan Government D and were bad, Defendant A was able to take the face and body of the victim E (23 tax) in drinking, and Defendant B was able not to drive the said victim.

Accordingly, the Defendants jointly assaulted the victim E.

2. Defendant A wishes to go to go to the above victim on the ground that Defendant A was dissatisfied with the foregoing date, at the above time, at the above location, and on the ground that he was the victim F (W, 23 years of age) of his sexual traffic victim F (W, 23 years of age).

“Along with the body of the above victim’s head, the body was pushed down with fluent hand, and the above victim’s hand was plucked by plucking and plucking up the above victim’s hand, thereby making the above victim’s hand, which requires approximately two weeks of treatment period.

Summary of Evidence

1. Statement to the effect that Defendant A has assaulted victims at the time, time, and place set forth in this Court

1. A statement to the effect that Defendant B had expressed his desire to take a hand to E at the time, on the date, on the holding date, and at the place in this Court, and that Defendant A had put his hand to E at the time;

1. Each legal statement of witness E and F;

1. Results of watching and viewing CD (Evidence No. 29);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Article 257(1) of the Criminal Act

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

1. Selection of each of the Defendants’ fines

1. Aggravation of concurrent crimes (defendant A), the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 334(1) of the Criminal Procedure Act

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