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(영문) 수원지방법원 2016.08.10 2016고단3578

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2015, at around 19:50, the Defendant, when drinking alcohol together with D and E at D's rooms located in Suwon-gu C and one heading room, listened to the horses that E was assaulted by the Victim F (55 years old), and entered into the room of the victim who pusheded the victim, even though E refused to enter the room of the victim located in the 6 heading room of the same house as D and refused to find the victim, and then pushed the victim into the room, and the Defendant, as soon as he walked the victim's chest on several occasions, and D met the victim's face with his hand floor and drinking.

피고인과 D은 계속하여 피고인이 집 안에 있던 밧줄을 가져와 D에게 건네주고, D은 위 밧줄로 피해자의 팔과 다리를 묶은 후, 피고인, D은 함께 발로 피해자의 가슴을 수회 걷어찼다.

Accordingly, the defendant invadedd the victim's residence in common with D and assaulted the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of a protocol concerning the examination of suspect concerning D by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs of damaged victim, on-site photographs;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply); Article 319 of the Criminal Act; Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act; Article 2(1)1 of the former Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (a) of the Criminal Act; Article 260 of the Criminal Act (a) (a point of joint assault) concerning criminal facts; and each choice of imprisonment.

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. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of favorable circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The aggravated area of Category 1 (General Violence) [4 months-1 years] [the person who is subject to special sentencing] according to the standards for handling a cruel majority of the Criminal Procedure Act : The final sentencing range according to the standards for handling a cruel majority of the Criminal Procedure Act: From 4 months to 4 months [the decision of sentence] unfavorable circumstances: the number of crimes in this case is harsh and there is a high need for punishment.