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(영문) 제주지방법원 2020.08.19 2020고정79
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by a fine of three million won.

If the Defendants did not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On August 21, 2019, Defendant B was sentenced to two years of suspension of the execution of imprisonment with prison labor for an injury, etc. at the Jeju District Court on June 21, 2019, and the said judgment became final and conclusive on August 29, 2019.

【Criminal Facts】

The Defendants, around 02:10 on April 6, 2019, at around 02:10, at the second floor of Jeju, Da, Defendant B, at the smoking room, was refused to borrow a dog from the victim E (the age of 26). Defendant B, at the smoking room, was informed of the dissatisfaction, D, D’s face is 2-3 time at the hand, Defendant B was 2-3 time at the victim F(the age of 25)’s face, which is the first operation of the above E, and Defendant A was able to take the head of the victim G (the age of 22), the victim’s face (the age of 22), who is the first operation of the above E, and the face of the above E was taken one time at the expense of the above E, and 3-2-3 hand of the victim’s face.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning E and F;

1. G statements;

1. Photographs of damaged parts;

1. Previous records of judgment: Application of criminal history records, investigation reports (applicable to suspect B before the last sentence of Article 37 of the Criminal Act and related data);

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and the selection of fines for negligence

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

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

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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