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(영문) 광주지방법원 2020.12.17 2020고단3738
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

A and B are de facto marital relations, and victims C (17 years of age), victims D (16 years of age), victims E (n, 15 years of age) and victims F (n, 15 years of age) are relatives.

Defendant

A around 00:05 on April 27, 2020, around 00:05, the victims expressed their desire to see the Defendant A that the victims had expressed their desire while the victims had talked in the front resort of the Seo-gu G apartment site in Seo-gu, Seo-gu, Gwangju. In so doing, the victim C’s breathth, and Defendant B prevented the victim F from getting out of office.

Defendant A continued to drive away the victim C while Defendant B was unable to escape by selling the victim D's neck, and Defendant A returned to the victim D and prevented the victim E from getting out of the Republic of Korea. Defendant A again prevented the victim D and the victim E from getting out of the Republic of Korea.

Accordingly, the suspects jointly assaulted victims.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A written statement of C and F;

1. A CCTV CD;

1. Investigation report (examination of suspect's arguments and CCTV images);

1. Application of Acts and subordinate statutes to report on investigation (verification of identity of suspects);

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

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

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 sentencing period under Article 334(1) of the Criminal Procedure Act reflects the Defendants’ acknowledgement of the instant crime; the extent of damage to the victims of the instant case is relatively minor; the Defendants did not have any record of punishment; and the Defendants’ age, character and conduct, environment, and circumstances after the commission of the instant crime shall be determined by comprehensively taking into account various sentencing conditions as indicated in the instant argument.

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