beta
(영문) 의정부지방법원 2018.01.30 2017고단3082

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by imprisonment for six months.

However, the defendants are above one year from the date when this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendants, on May 2, 2017, 23:40 on May 2, 2017, 23:40, the victim E (22:3) and the victim F (22:3) without any reason due to any defect, Defendant B’s face on the floor of the victim E at one time, and Defendant A, in order to restrain this, to the victim F, “pon the victim F without having her hon and having her h on the hon.”

” 고 말하며 발로 피해자 F의 허벅지를 걷어찼다.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of E and F;

1. Application of the Acts and subordinate statutes to data to cut CCTV at the scene of crime;

1. The Defendants of relevant criminal facts: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act;

1. Defendants on probation: The instant crime for the reason of sentencing under Article 62(1) of the Criminal Act is called the so-called “fassive assault,” in which the victims jointly committed without any reason, and without any reason, committed the instant crime; Defendant A was committed and four times before and after the crime; and Defendant B was committed and committed under the unfavorable circumstances leading up to two times before the crime of violence.

However, Defendant A is a person with intellectual disability of Grade II, the Defendants reflect the fact that all of the instant crimes are recognized, and the Defendants have the same criminal records, but the Defendants have no criminal records of the same kind exceeding fines, shall be sentenced to punishment.