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(영문) 수원지방법원 2013.10.23 2013고단4298

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

C. The defendant B shall be punished by imprisonment for not less than five months and by imprisonment for not more than eight months.

Reasons

Punishment of the crime

On May 5, 2013, at around 08:50, the Defendants: (a) disposed of the victim N(19 years of age), victim O(19 years of age) and the victim C’s vehicle in front of the Man-si L L, and (b) were unable to receive the payment of the purchase price; (c) made contact to the victims in relation to the payment of the purchase price, but the victims did not have any contact; (d) Defendant C was able to have the victim’s face and body face more than two hundreds of body with the victim’s cell phone used by the victim’s cell phone, and the Defendant C was able to take part in the victim’s face and body face more than two times by drinking and me.

Accordingly, the Defendants jointly assaulted victims.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Each police statement made to N orO;

1. Application of the Acts and subordinate statutes to the offender's place, investigation report, site photograph, and each victim's photograph;

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

1. Defendants among concurrent crimes: (a) the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include several times of punishment; (b) the Defendants are already subject to multiple punishment; and (c) the attitude to reflect their wrongness, such as committing the crime committed while being tried for the same kind of crime, is not entirely visible; and (d) the degree of assault is not somewhat weak, the Defendants need to be subject to strict punishment.

However, the defendants led to the confession of crimes, the victims do not want punishment against the defendant under the agreement with the victims, and the motive, means and results of the crime of this case, the circumstances after the crime, the age, character and conduct of the defendants, and the family environment of this case are shown in this case.