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(영문) 대구지방법원 의성지원 2017.01.12 2016고정100
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 18, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on May 18, 2016, and such judgment became final and conclusive on May 19, 2016.

On October 6, 2015, the Defendant: (a) 21:00, around 21:21:00, the LH2 complex located in the Nam-gu Incheon Metropolitan City, 294-ro 16, namely, the LH2 site 208 apartment 208, where the victim C took an examination of D; (b) Nonparty 3, by telephone, left the victim; (c) the Defendant: (a) went the victim on a vehicle in which he was boarding with E, etc.; and (b) the Defendant was able to take the victim’s face at a time in the number of times; (c) the Defendant sent the victim from the vehicle to the vehicle; and (d) took the victim from the vehicle to the vehicle; and (e) took part in the victim who was going beyond several times the victim’s face.

Accordingly, the defendant assaulted the victim jointly with E.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against C;

1. Records of the judgment: Inquiry about criminal history, reporting on the results of confirmation of the previous criminal records of the disposition, and applying Acts and subordinate statutes to investigation reports (Attachment to the judgment regarding the accused);

1. Article 2 (2) 1 of the relevant Act and Article 2 of the Punishment of Violences, etc. Act concerning facts constituting an offense, and Article 260 (1) of the Criminal Act (the choice of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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