Text
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.
Reasons
Criminal facts
On August 21, 2014, the Defendants were drinking together at the F main point located in Kimhae-si, Kim Jong-si. However, since the victim G was made a telephone conversation with a large voice from the victim G within the said main point, the victim G and the Defendant A got out of the said main point in order to conduct physical fighting, and Defendant B and C were able to perform physical fighting with the victim H and their body in the part of Defendant A.
At that time, Defendant A was shaking a bridged with the victim G, and the Defendants took the face and body of the victims due to drinking and sprinking with the victims under a brupted situation.
The Defendants jointly assaulted the victims as above.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of each police interrogation protocol to the Defendants [Defendant A]
1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act / [Defendant B] to attract a workhouse;
1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act;
1. Article 59 (1) of the Criminal Act (limited to a suspended sentence: fine of 1,00,000 won; fine of 1,000,000 won: The degree of participation is minor; victims expressed their intention not to punish a person; and the primary offender C) / [Defendant C]
1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act;
1. Selection of an alternative fine for punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 70 of the Criminal Act to attract a workhouse.