beta
(영문) 부산지방법원 동부지원 2017.03.08 2016고단2608

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

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

Reasons

Punishment of the crime

Defendant

B On April 4, 2016, around 22:25, around the main point of "D" located in Busan Shipping Daegu C, and as a result, the victim E (year 27) and the shoulder are faced with each other, the defendant A, who was next to him, was able to see the face of the victim by drinking, and the defendant A, who was next to him, was able to see the face of the victim by drinking.

Defendant A continued to escape from the assault of the Defendants, following the victim, Defendant B her spathized the bat of the victim, and Defendant A took the face of the victim by drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the scene of violence, internal investigation report (as to the attachment, etc. of such video CDs), field photographing CDs, and photographs at the scene of crime;

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (the choice of imprisonment) concerning criminal facts;

1. Article 62 (1) of the Criminal Act for the suspension of execution (the following sentencing shall be considered in light of the favorable circumstances in mind):

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Order to attend a lecture and the Order to provide community service was committed by assaulting a victim in the street on the ground that the victim was faced with a shoulder, and the nature of the crime is not good, and the victim seems to have suffered a considerable mental or physical pain, and the defendants are allowed to have the same criminal records, respectively.

However, it is more advantageous to the fact that the defendants are seriously opposed to the facts charged, and the defendants reach an agreement with the victim.

In addition, the defendants' age, sex, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions as shown in the trial process of this case.

[Sentencing Criteria] -.