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(영문) 수원지방법원 여주지원 2017.03.29 2016고단1481

폭력행위등처벌에관한법률위반(공동폭행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On September 6, 2013, the Defendant was issued a summary order of KRW 500,000 by violating the Punishment of Violences, etc. Act (joint property damage, etc.) at the Dong Branch District Court of Seoul, and on November 16, 2015, the Defendant was issued a summary order of KRW 2 million as a crime of bodily injury in the support of the Suwon branch of Suwon branch of Suwon branch of Suwon branch of Seoul, and on June 30, 2016, the Defendant was issued a summary order of KRW 3 million by the same court as a crime of bodily injury.

[Criminal facts] Around December 3, 2016, around 01:20, the Defendant drinked with E (30) a victim E (30) who had a drinking at the place of drinking alcohol and had a drinking alcohol while drinking at the place of drinking.

Accordingly, D was moving the chest part of the victim E, walking the victim E by generating it, and the defendant was able to get the victim E while driving the victim E, and the head of the victim E.

However, the victim E, the victim F (n, 25 years of age) et al. al., called D with D, and the victim F (n, 25 years of age) put the victim F into the floor. D, which caused the victim F to put him/her with plastic intent, and the defendant was able to put him/her over the victim F's shoulder with both hands while taking a bath.

Accordingly, the defendant assaulted victims jointly with D.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against E or D;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act [the grounds for sentencing under Article 62-2 of the Order to Attend shall be limited to either the mitigated area (one month to eight months), the punishment of the person who has been specially mitigated [including the advanced efforts to recover damage] or the considerable damage.