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(영문) 광주지방법원 2015.01.29 2014고단3550
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 4 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On August 30, 2014, Defendants in violation of the Punishment of Violences, etc. Act (joint violence) committed several times in front of the D convenience point in Gwangju Mine-gu, Gwangju, at around 02:20, Defendant A tried to catch the head debt of the said F and to see the body of the victim F, G, and the body of the said E that met while the Defendant was going to see as “F, flick, this flick,” and Defendant B attempted to flick the head debt of the said E one time by taking the head debt of the said E and flick the bridge, flick the head debt of the said F, and flick the body body of the said G.

Accordingly, the Defendants jointly assaulted the victims as above.

2. 피고인 B의 모욕 피고인은 위 일시, 장소에서 신고를 받고 출동한 위 H, I가 싸움을 제지하자 위 E 등 수명이 지켜보는 가운데 "비켜 짭새들아, 이 보지 같은 새끼들아, 이 씹새끼야, 니그 엄마 보지같은 새끼들아"라고 큰소리로 말하여 공연히 피해자들을 모욕하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by each police officer's statement about E, F, G, H, and I;

1. Application of the respective Acts and subordinate statutes to each written complaint;

1. Article applicable to criminal facts;

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

(b) Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 311 of the Criminal Act (the point of insult)

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection Defendants of the punishment: Selection of a fine for negligence (in light of the fact that an agreement was made with the victims of the crime of this case and the attitude against the crime of this case was shown);

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse:

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