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(영문) 전주지방법원 2020.08.18 2020고단609

폭력행위등처벌에관한법률위반(공동폭행)

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1. The punishment against the defendant A shall be four months of imprisonment;

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A On July 2, 2020, the Incheon District Court sentenced a suspended sentence of two years on July 10, 202 to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) and became final and conclusive on July 10, 202.

On October 31, 2019, from around 02:00 to 04:00 on the same day, the Defendants: (a) around 02:00 to around 04:00 on October 31, 2019, in the residence of Defendant B, on the ground that the victim F (the age of 21, the age of 21) did not cover the examination that “Defendant A and Defendant B met with the terms and conditions, not only, but also, Defendant B met with the victim’s left kne; (b) Defendant A knee in drinking; (c) Defendant B met the victim’s face by hand; and (d) Defendant C met the victim’s face by hand.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of the police statement concerning F;

1. Photographs related to the part of damage caused by violence;

1. Before judgment: Application of reference materials of the Act and subordinate statutes dated July 29, 2020 submitted by the prosecutor;

1. Relevant Article of the Act on the Punishment of Violences, etc. and Article 2 (2) 1 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Social service Defendant B: Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Not more than three years of imprisonment with prison labor within the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria (excluding defendant A);

A. Defendant B [Determination of Punishment] No. 1 of the Act on the Punishment of Violence / [Class 1] of the Act on the Punishment of Violence / [No. 1] of the Act on the Punishment of Violence / [the scope of recommendation field and recommendation range] of the basic area, two months to ten months of imprisonment

B. Defendant C [Determination of Punishment] The term "crime of Violence" / [Class 1] the term "Special Assaults" : The mitigated elements of punishment (the scope of recommendation and recommendation) : The mitigated area of punishment [the scope of recommendation and recommendation], the mitigated area of imprisonment with prison labor from January to August.

3. The sentence of sentence is rendered under the following circumstances and other factors: