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(영문) 인천지방법원 2017.09.07 2017고단3944
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A and B shall be punished by a fine of 3,000,000 won, and Defendant C shall be punished by a fine of 4,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. On October 7, 2016, Defendants A and C committed joint crimes with E, and around the G cafeteria located in the Seo-gu Incheon, Seo-gu, Incheon on October 7, 2016, Defendant C took the face of the victim H (25 years old), Defendant A took the face of the victim H (25 years old), and the victim B (25 years old).

Defendant C continued to drink the face part of the Victim I(24 tax), H, B, and J (24 tax). Defendant C continued to drink the face part of Edo J, B, and H.

Accordingly, the Defendants shared with E, and assaulted the victims.

2. Defendant B, together with H, I, and J, and at the same time, place as in paragraph 1, and for the same reason as in paragraph 1, Defendant B became a Sif for the face of the victim A (20 years) and C (20 years old).

H continued to drink the face of the victim A, C, K (19 years of age), and E (22 years of age), I also took the face of the victim C and A, and J also took the face of the victim C, E, and A.

Accordingly, the defendant was jointly committed with H, I, and J, and the victims were assaulted.

Summary of Evidence

1. The Defendants’ respective legal statements (in the case of Defendant C, at the third trial date);

1. A protocol concerning the examination of each police officer in relation to J, H, I, K, and E;

1. Application of Acts and subordinate statutes to L Preparation statements;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the Act on the Punishment of Violences, etc., Article 260 (1) of the Criminal Act, and the selection of fines;

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

1. The reasons and nights of sentencing under Article 334(1) of the Criminal Procedure Act used violence jointly by several persons. In light of the timing and method of the crime, etc., the nature of the crime is not good; the Defendants have a history of having been suspended from indictment or criminal punishment for the reason of each violent event; Defendant C committed the crime without being able to do so during the suspended execution period; and Defendant C’s commission of the crime without being aware of it during the suspended execution period, respectively.

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