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(영문) 대전지방법원 천안지원 2013.10.17 2013고정816
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A A shall be punished by a fine of one million won, and by a fine of five hundred thousand won.

The above fine shall not be paid by the Defendants.

Reasons

Punishment of the crime

On January 16, 2013, around 03:30 on January 16, 2013, the Defendants left a road front of the E-cafeteria located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendants left the window of the driver’s seat of the said car on the ground that the G SM5 car driven by the injured F (the age of 19) rapidly went back to the Defendants.

Accordingly, the victim F, victim H(18 years of age) and victim I(19 years of age) who was on board a passenger car led to a conflict with the Defendants.

Defendant J, among Si expenses, franchis the victim I’s K Kx, pushed the chest of the victim H with his hand. Defendant B franchis the victim I’s franchis, and Defendant A franchis the victim I’s face. Defendant A franchis the victim H’s face, and franchis the victim F.

As a result, the Defendants jointly committed an assault to the victim H, and committed an assault to the victim I and F, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect to J;

1. Each police statement made to F, H, and I;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of fines;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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