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(영문) 창원지방법원 2015.06.25 2014고단3426
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

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