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(영문) 대구지방법원 서부지원 2017.09.07 2016고단2839

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant: (a) around 02:30 on November 30, 2016, on the ground that the Defendant did not calculate the victim D (28 years of age) and E with his/her singing room in a singing room and left the match; (b) on the ground that he/she did not calculate the victim D (28 years of age) and E, the Defendant was able to take the face and body number of the victim’s face and body number several times with his/her head; and (c) the head of E received three times the victim’s inside part of the body.

Accordingly, the defendant assaulted the victim jointly with E.

On February 4, 2017, the Defendant: (a) around 02:35 on February 4, 2017, the 1571st century damaged the F police vehicle’s left left side of the said earth, which was parked in the said earth; (b) caused damage to KRW 11,100 on the repair cost of the vehicle by walking the 111,10 won in front of the said earth vehicle, in front of the Gldong-gu, Gyeongdong-gun, Gyeongdong-gun, Gyeongdong-gun, Gldong-gun, Seoldong-gun, Gldong-gun, Gldong-gun, Gldong-gun.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

"2016 Highest 2839"

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to D, and written statement of D "2017 Highest 1571";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of photograph of damage, each investigation report (Evidence List 7,8);

1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)1 of the Act on the Selection of Punishment of Violences, etc., Article 260 of the Criminal Act (the point of joint violence) (the point of joint violence), Article 141 of the Criminal Act (the point of damage to goods for public use) and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing criteria;

(a) First Crimes (Obstruction of Performance of Official Duties) / [Scope of Recommendation] / Invalidity and Destruction of Public Goods / Type 1 (Invalidity of Public Goods) / Basic Area (from June to one year and six months) / None of special sentencing factors / None of them

B. The crime No. 2 (Assaults) (Extent of recommended punishment) is final due to the increase of multiple crimes in the mitigated area (one month to eight months) of Class 1 (General Violence) (Specially mitigated) (including serious efforts to recover damage) of the mitigated area, or where considerable damage has been recovered.