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(영문) 인천지방법원 2018.05.04 2017고정2146
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

B The defendant A shall be punished by a fine of one million won and a fine of two million won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On June 22, 2017, at around 02:35, the Defendants jointly committed the crime, on the ground that they met the sound in front of the “E” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and that they met the phrase “E” from the victim F (70 years of age), and the Defendant A was at the time of the victim, and the Defendant B, together with the Defendant, she was at the time of the victim’s head, she was at the time of the victim’s head, and she was at the teared.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendant committed the single crime in Defendant B, at the time and place described in the above 1.1. The victim G (18 years old) was removed from the victim G, and the Defendant committed assaulting the victim’s chest with three times the victim’s chest.

Summary of Evidence

1. Defendant A’s legal statement

1. Each legal statement of witness F and G;

1. Application of Acts and subordinate statutes to report internal investigation (on-site reports and CCTV images);

1. Relevant Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault) and Article 260 (1) of the Criminal Act (the point of joint assault) against a crime committed by Defendant A: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reasons for sentencing under Article 186(1) of the Criminal Procedure Act, which imposes the costs of lawsuit, do not stop the act against the victim F while the scam is cambling, and there is no serious reflectivity as to the assault of the elderly victim up to now, and in the case of Defendant A, the victim F is more aggressive than Defendant B, the sentence as ordered is imposed in consideration of the fact that Defendant A assaulted the victim F.

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