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(영문) 수원지방법원 2018.02.02 2017고단3973
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

On March 28, 2017, at around 01:52, the Defendants: (a) on the street with the trade name “E” located in Osan City D; (b) Defendant A, while making a dispute with the victim F (38 Doh) and drinking with the victim, took the victim’s face at hand, and (c) Defendant B, despite this, went beyond the victim’s face at hand, was able to walk up to the victim’s bridge by drinking.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement related to G;

1. Investigation report (CCTV video content);

1. 112 Reporting case handling table;

1. CCTV images for crime prevention, CDs, and CCTV images for spirits;

1. Application of the Acts and subordinate statutes to photographs by cutting down a photograph of the victim, on-site photograph, victim photograph, or CCTV images from spirits;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(2)1 of the Criminal Act, the selection of fines

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

1. Defendants of the provisional payment order: The circumstances that are disadvantageous to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Defendant B’s past record of criminal punishment several times for the same crime; the circumstances that the Defendants did not recover from the victim’s damage up to now: the Defendants recognized their mistakes and reflects the fact that the Defendants are also responsible for the occurrence of the crime or the expansion of damage; and other factors taken into account the contents of the Defendants’ crimes, the degree of their participation, and the relationship of criminal record.

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