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(영문) 의정부지방법원 2020.08.26 2019고단4782

폭력행위등처벌에관한법률위반(공동폭행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 08:00 on June 24, 2019, the Defendant: (a) collected money from the guest room of the “Mamoto Bel” from the Government-si 08:00 on the ground that the Defendant did not seek any money; (b) however, (c) made the victim c (the age of 12) away from the entrance of the victim, and made the victim cherb and cherb away from the entrance of the victim cherb; and (d) made the victim cherb by making the cigarette cherb, and cherb off the body of the victim cherb, and made the cigarette cherb, and cherb off the body of the victim cherb by hand, and (e) sent the juvenile department to the Juvenile Department on the same day) cherb off the shoulder part of the victim’s head one drinking.

As above, the Defendant assaulted the victim jointly with D and E.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Each prosecutor's protocol of suspect examination of D, E, and F;

1. Statement to C by the police;

1. C’s statement;

1. Application of statutes on photographs of damage;

1. Relevant Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act (in the case of a minor, not applying the sentencing guidelines) is that the defendant had had had the record of forwarding the case as juvenile protection cases several times, but again committed the instant crime. In light of the applicable law and the attitude of the instant crime, etc., the nature of the crime is bad, and the fact that the defendant did not have any suspicion from the victim and did not reach agreement is disadvantageous to the defendant.

The fact that the defendant recognized his mistake and seriously reflects the defendant, that there is room for improvement and edification as a juvenile of 16 years of age, and that the defendant is an initial offender who has no criminal power, etc., shall be considered as favorable circumstances. In addition, the defendant's age, character and behavior, family environment, motive, means and consequence of the crime, etc. shall be considered in consideration of various conditions of sentencing, such as the defendant's age