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(영문) 대전지방법원천안지원 2020.11.03 2019고정648
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 11, 2019, at around 06:15, the Defendant, in collaboration with B, assaulted the victims by taking advantage of the body of the victims E (33 years of age) and the victims F (39 years of age), and the victims G (40 years of age).

Summary of Evidence

1. The witness G’s statement E and the victim’s statement showed that CCTV images inside the D cafeteria of the victim (the defendant and the defense counsel stated that the defendant and the defense counsel only told the victims, and they did not assault the victims) used in violence against the witness G’s testimony E and each witness examination protocol against F. The victim’s statement shows that there was a conflict between the defendant and the victims in the order of the victims, but it appears that the victims did not clearly specify the actors because they did not know the defendant and the victims. The victim’s statement is consistent with the defendant and B’s statement that they used in violence against the witness examination protocol of the victim F, the victim F, the suspect E, the victim F, and G did not fight together with the defendant and the defense counsel, and the victim’s statement cannot be accepted in light of the following facts: the victim’s statement is consistent with the victim’s testimony and the victim’s defense counsel’s statement in the victim’s statement; the victim’s testimony and the victim’s defense counsel should not be accepted.

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) of the Act on the Selection of Punishment of Violences, etc., Article 260 (1) of the Criminal Act,

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant is a criminal defendant with the reason for sentencing under Article 334(1) of the Criminal Procedure Act.

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