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(영문) 대구지방법원의성지원 2020.11.26 2020고단333

폭력행위등처벌에관한법률위반(공동퇴거불응)

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Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 10, 2020, the Defendants were sentenced to the suspension of the execution of four months for each of the crimes of violation of the Punishment of Violences, etc. Act (joint expulsion) in the sexual branch support of the Daegu District Court on September 10, 202 and the judgment became final and conclusive on September 18, 2020.

While the Defendants were urged from around 12:40 on September 10, 2020 to talk with the victim D's house located in the Sung-gun of North Korea on the grounds of related organization, etc., the Defendants did not go from the victim's house until the police is dispatched upon the victim's report at around 20:14 on the same day.

As a result, the Defendants jointly leave the victim's residence.

The Gu did not comply with the Gu.

Summary of Evidence

1. The police statement of the Defendants regarding D’ legal statement, 112 Report Handling Table

1. Previous records of judgment: Application of each criminal history record report and investigation report (the same criminal record and attachment of judgment for the same victim) Acts and subordinate statutes;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(2) and (1) of the Criminal Act, the choice of imprisonment with prison labor, and the selection of a criminal defendant

1. Defendants who commit concurrent crimes: The latter part of Articles 37 and 39(1) of the Criminal Act;

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

1. Probation and community service order Defendants: The following conditions for sentencing under Article 62-2 of the Criminal Act and other factors of sentencing, including the Defendants’ age, environment, character and conduct, motive of crime, means of crime and result, etc., shall be determined by comprehensively taking account of the factors of sentencing as shown in the arguments in the instant case, including the circumstances after the crime

Unfavorable circumstances: The defendants find the same victim on the day when they were convicted of the violation of the Punishment of Violences, etc. Act (joint expulsion) as stated in the first head of the judgment, and there is a need to strictly punish the same victim by committing the same crime, and the victim wants to punish the defendants.

The favorable circumstances: The defendants recognized the defendants' mistakes and divided them, and this case.