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(영문) 수원지방법원 안양지원 2017.08.25 2017고단915
폭력행위등처벌에관한법률위반(공동폭행)
Text

1. Defendant A shall be punished by a fine of one million won.

The above defendant did not pay the above fine.

Reasons

Punishment of the crime

[criminal history] Defendant B was sentenced to four months of imprisonment with prison labor for injury, etc. in the support for the development of the Suwon method, on December 20, 2016, and the said judgment became final and conclusive on August 8, 2017.

[2] On March 10, 2017, the Defendants: (a) heard from Dhop located in Sinpo-si, Sinpo-si, Sinpo-si on March 10, 2017 that Defendant B smoked tobacco; (b) sought the victim’s speech that “if there are many people, tobacco would be so smoked; and (c) Defendant A would take a bath to the victims; and (d) went out of the said head office.

From the front of the above head-line, the Defendants: (a) dumped Defendant A’s hand with dump francing the bomb of the victim F (42 tax) into the bottom; and (b) Defendant B had the face of the victim G (37 tax) one time by drinking.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to G, E, and F;

1. Statement made by the police with H;

1. Previous convictions in the judgment: (B) a written reply to inquiry, such as criminal history, and the text of the judgment [reward 2016 Highest 839, 2016 Highest 1471, 2016 Highest 2016 Highest 1471)],

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the choice of a punishment penalty): Defendant B: Article 2 (2) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the choice of a punishment): Article 2 (2) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act (the choice of imprisonment)

1. Defendant B who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

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

1. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Protection observation, medical treatment order, and defendant B: Article 62-2 of the Criminal Act, Article 44-2 of the Medical Treatment, Care, Custody, etc. Act;

1. Defendant A: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Unfavorable circumstances: Defendant B is the same kind of violence during the period of suspension of execution.

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