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(영문) 인천지방법원 2017.10.19 2017고단5289
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A and B shall be punished by a fine of KRW 1,000,000, and Defendant C shall be punished by a fine of KRW 2,000,00.

The Defendants respectively.

Reasons

Punishment of the crime

【Defendant C’s past record of crime committed by the Incheon District Court on September 30, 2016, sentenced two years of suspended sentence to six months of imprisonment due to injury, etc. at the Incheon District Court, which became final and conclusive on October 8, 2016, and is currently under suspended sentence.

【Criminal facts】 On May 31, 2017, at around 04:20, the Defendants jointly carried out a dispute with the victim D(the age of 21) on the road in front of the victim D(the age of 21) on the road in front of the “hive post office”, which was held by the Sinsi-si bank, for the reason that they did not know the Defendants, and Defendant C went beyond the floor of the victim’s head debt by hand, and Defendant A and Defendant B jointly carried out the body of the victim’s head debt by putting the victim’s head debt.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Each report on investigation;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, investigation report (related Acts and subordinate statutes, such as suspect C suspended sentence, etc.);

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

1. Defendants who choose the punishment: Selection of a fine (including the following favorable circumstances):

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) was unfavorable to Defendant C - They were re-offending during the period of probation.

- In light of the foundation and circumstances of the case, it is not possible to deny that the defendant has an inherent wall of violence, along with an anti-management disorder.

- It is difficult to see that the attitude of being placed at a trial is also true.

In addition, unlike the co-defendants who are 19 years of age and 19 years of age, the treatment of fines can not be any particular consolation to adults who have achieved certain adaptability to punishment like the defendant.

The favorable circumstances - the victim agreed in the course of the trial.

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