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(영문) 대구지방법원 2013.08.21 2013고정1739
폭력행위등처벌에관한법률위반(공동폭행)
Text

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 fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

B On July 25, 2013, the Daegu District Court sentenced 2 years and 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. and 4 years of suspended execution, which became final and conclusive on August 2, 2013.

At around 04:00 on October 16, 2012, the Defendants: (a) around 04:00, on the front side of the “D cafeteria”; (b) the victim E (the age of 26) who walked on the road fright to work for the Defendants; (c) Defendant A 4 times the victim’s face fright to drinking, and Defendant B tried to set up against the victim who was assaulted by the Defendant A fright to fright to fright an empty fright to the face of the victim; and (d) the Defendant B fright to fright to fright to fright the fright to fright in the vicinity of the victim’s seat (the fright to fright to fright) and caused the victim’s fright to fright to fright to fright the victim’s hand fright to fright the victim’s fright to fright to fright the victim’s fright.

The victim continued to run into the "D cafeteria" restaurant, Defendant A, by driving away the above restaurant to the main part of the above restaurant, destroyed the victim's breath by hand, and boomed the victim's breath, and 2 times the face side by drinking, and twice the side side by drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to F, G, and E;

1. Reports of internal investigation (Attachment of photographs of the E Assault);

1. Previous records of judgment: Criminal records, etc., references reports, results of case search which are bound to public trial records, and the application of a copy of judgment statutes;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act shall apply to the defendants who choose to commit a crime;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The defendant's act constitutes self-defense to defend the victim's attack, as stated in Article 334 (1) of the Criminal Procedure Act.

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