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(영문) 대전지방법원 2018.06.27 2018고단1192
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five hundred thousand won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

On August 5, 2017, at around 03:16, the Defendants 03:16, drinked alcoholic beverages along with alcoholic beverages at D’s drinking house, and boomed by the victim E (26 taxes) on the side table table, the Defendants were in a dispute, and the Defendants am on the road before the foregoing drinking house and Defendant A turned the victim’s face at one time on the left hand, and Defendant B turned the victim’s face less than the lower part of the victim’s neck.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of suspect with respect to F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; and Article 260(2) of the Criminal Act; Article 260(1) of the Criminal Act; and Article 2

1. Defendant B who is detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A: Article 62 (1) of the Criminal Act;

1. Defendant B’s order of provisional payment: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Circumstances unfavorable to Defendant A: The circumstances that have been favorable to the fact that he had been punished for the same kind of crime even before: the fact that he has agreed with the victim, and that he is against it;

2. Defendant B’s unfavorable circumstances: (a) agreed with the victim without any particular reason; (b) the first offender; (c) the above circumstances; (d) the Defendants’ age, sexual conduct, environment; (e) the means and consequence of the crime; and (e) the various sentencing conditions as indicated in the instant records and the previous theories, such as the circumstances after the crime, shall be determined by taking into account the following factors.

Rejection of Public Prosecution

1. The summary of this part of the facts charged was assaulted by Defendant A, at around 03:16 on August 5, 2017, at the “D” drinking house located in Sejong C, with his body fighting terminated and working together with his body fighting. The victim E, who was in front of the foregoing drinking house, was tightly pushed down with his shoulder.

2. This part of the facts charged is subject to Article 260(1) of the Criminal Act.

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