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(영문) 대구지방법원 2019.01.25 2018고단3412
특수폭행등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant C and the victim D(24 years of age) are friendships.

Defendant

A and Defendant B are relatives.

around 06:04 on April 16, 2018, the Defendants, on the grounds that the victim C had the head of the Defendant A at least twice as a main disease, and the Defendant A met both the face and body of the victim C due to their drinking and growth, followed the victim D's body that met the victim C several times, followed the victim D's body that is an object dangerous to C, and the Defendant B met the face and body of the victim C and the victim D by drinking and growth.

Accordingly, the Defendants jointly assaulted the victims, and the Defendant A, carrying a spawn-in disease, which is a dangerous object, assaulted the victims C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding Defendant C

1. Each police statement concerning G and D;

1. Application of Acts and subordinate statutes on photographs by internal investigation reports (CCTC verification), CCTV closures;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Articles 260 (1), 261, and 260 (1) of the Criminal Act, and Article 260 (2) 1 of the Punishment of Violences, etc. Act, and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, the selection of a fine;

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendants committed the instant crime without being able to do so during the period of repeated crime; (b) the Defendants committed assault in the course of performing their roles and assault in the instant crime; (c) the degree of harm inflicted on the Defendants and the victims is minor; and (d) the Defendants and the victims were punished by mutual agreement.

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