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(영문) 대구지방법원 2016.08.19 2016고정685
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

On March 27, 2015, at around 09:00, the Defendants jointly moved to a trial site due to the boundary between the victim E (72 tax) and the land boundary. Defendant A moved to a dry field in front of the above entry where the part of the victim was sold and the victim was anchored. Defendant B demanded Defendant B to extract the part of the victim directly from the part of the victim, and the part of the victim’s arms was turned to several times.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Part concerning the statement in E in the suspect interrogation protocol prepared by the prosecution against the Defendants

1. Part concerning the statement E in the second suspect interrogation protocol against the Defendants

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Relevant Article 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act (excluding punishment)

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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