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(영문) 의정부지방법원 2016.02.16 2015고단2417

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for not less than five 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

1. On November 16, 2014, at around 03:30 on 03:30 on the same day, the Defendant and B, in the case of the joint crime in B, in the front of Dongducheon-si, C, with an empty bottle where the victim E (18 years old) was faced with the Defendant’s face, and the strike was faced with the Defendant’s face, while the victim and B were in conflict with the victim, they salll the victim’s hair, and the Defendant, who was next to the victim, sallled the victim’s head salpha, and the victim’s head salpha, and B continued to have the victim’s right bread with the loss floor twice.

Accordingly, the defendant and B assaulted the victim jointly.

2. The Defendant solely committed the crime at the time, at the place specified in paragraph 1, received a report from 112 from the victim E for the foregoing reason and went to the scene by the police, despite the fact that the situation was terminated, the Defendant continued to go beyond the victim’s clothes and went beyond the victim’s face on the ground that the victim continued to be able to stand, and met the victim’s face by drinking.

As a result, the Defendant inflicted injury on the victim, such as cutting the boness of the right side, which requires approximately 6 weeks of medical treatment.

Summary of Evidence

1. Each legal statement between the defendant and B;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., the Selection of Punishment of Criminal Crimes, Article 260 (1) of the Criminal Act (a point of joint assault) and Article 257 (1) of the Criminal Act (a point of harm), the selection of imprisonment with labor;

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. The crime of Article 62(1) of the Act on the Suspension of Execution and the crime of Article 62(1) on the grounds of the sentencing [the scope of recommendations] of Article 62(1) of the Criminal Act, and Article 62(2) of the Act on the Suspension of Execution that there is no basic area (4 months to one year and six months) (the scope of recommendations] of Article 1 of the Act on the Suspension of Execution and the basic area [the scope of recommendations] of Article 62(1) of the Act on the Punishment of Specific Crimes [the scope of recommendations] of Article 62(1) of the Act on the Punishment of Specific Crimes [the scope of final sentence due to the aggravation of multiple crimes that have no basic area (20 months to ten months)]