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집행유예
red_flag_2(영문) 대전지방법원 홍성지원 2015. 11. 6. 선고 2015고단628 판결

[폭력행위등처벌에관한법률위반(공동상해)·폭력행위등처벌에관한법률위반(공동강요)][미간행]

Escopics

Defendant 1 and one other

Prosecutor

Man-kicking (prosecution), a new trial

Defense Counsel

Attorney Kim Young-chul

Text

Defendant 1 shall be punished by imprisonment for a year and six months, and by imprisonment for a term of eight months, respectively.

However, with respect to Defendant 2, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant 2 shall be subject to probation and shall be ordered to provide community service for 80 hours.

Criminal facts

【Criminal Power】

On September 26, 200, Defendant 1 was sentenced to imprisonment for a maximum term of two years and for a short term of one year and six months at the Daejeon District Court. On June 5, 2008, Defendant 1 was sentenced to a suspended sentence of four years for a violation of the Punishment of Violences, etc. Act (joint injury) in the Red Branch of the Daejeon District Court on the grounds of a violation of the Punishment of Violences, etc. Act. On June 1, 2012, Defendant 1 was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly injury, etc.) and the judgment became final and conclusive on January 31, 2013, and the execution of the said sentence was terminated in the Incheon Prison on December 8, 2012.

【Criminal Facts】

On July 25, 2015, at around 03:30 on July 25, 2015, Defendant 1 found the victim Nonindicted 1 (53 years of age) and the victim Nonindicted 2 (55 years of age) on the second floor of Hongsung-gun ( Address omitted) and the “○ Traditional Marina” operated by the victim Nonindicted 1 (the victim Nonindicted 1) and the victim Nonindicted 2 (the victim Nonindicted 2) and demanded the victim Nonindicted 2 to provide the services on credit, but there was a fact that Defendant 1 was dissatisfied with this request.

At around 06:51 of the same month, Defendant 1, along with Defendant 2 and Nonindicted 3, was denied on the ground that he was found to have a son on the said “○○ Traditional Marina” and requested the victim Nonindicted 1 to have a female employee. Defendant 1, as a drinking, took the face of the victim Nonindicted 1 at one time with the victim Nonindicted 1’s face and the chest part of the chest, etc. on a hand. Defendant 2 and Nonindicted 3 moved together with Defendant 1, and Defendant 2 and Nonindicted 3 moved in the above situation with Defendant 1, and Defendant 2 took the face and head part of the victim, and Nonindicted 3 took part in the part of the victim Nonindicted 1, etc. on the hand.

Defendant 1 received the victim Nonindicted 2’s face and part of the victim Nonindicted 2’s face from next side from the hand floor of the hand, and the head was the front part of the victim Nonindicted 2’s right side.

Defendant 1 continued to provide the victim non-indicted 1 with a cash of KRW 400,00,00 in cash, and the victim non-indicted 1 said that the victim "40,000 won" was "40,000 won," and again, the victim non-indicted 1 was able to pay the victim's face and head by drinking drinking again, and the victim non-indicted 1 was frighted due to the assault, "if the victim frights to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright.

Accordingly, the Defendants, in collaboration with Nonindicted 3, committed an injury to the victim Nonindicted 1, which requires approximately 4 weeks of medical treatment, such as satisfying satisfying, and satisfying the face requiring two weeks of medical treatment to the victim Nonindicted 2, respectively, and attempted to cause the victims to perform an unobligatory act, but attempted to commit an attempted act.

Summary of Evidence

1. Defendants’ respective legal statements

1. The prosecutor’s statement concerning Nonindicted 2

1. Each police statement made against Nonindicted 2 and Nonindicted 1

1. Each injury diagnosis letter;

1. Previous records of judgment: Inquiry reports, investigation reports (Attachment to the judgment of repeated crime by Defendant 1 of the suspect), three copies of the judgment, and results of confinement of prisoners;

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant 1: Article 2(3), (2), and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Articles 6, 2(3), (2), and (1)2 of the Punishment of Violences, etc. Act, and Article 324 of the Criminal Act (the point of joint coercion)

(b) Defendant 2: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 6, 2(2) and 2(1)2 of the Punishment of Violences, etc. Act, Article 324 of the Criminal Act (the point of joint coercion)

1. Aggravation for repeated crimes;

Defendant 1: The proviso of Article 35 and Article 42 of the Criminal Act

1. Aggravation for concurrent crimes;

(a) Defendant 1: the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act;

B. Defendant 2: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Discretionary mitigation;

Defendant 1: Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Defendant 2: Article 62(1) of the Criminal Act

1. Probation and community service order;

Defendant 2: Article 62-2 of the Criminal Act

[A prosecutor's office is seeking confiscation of 40 million won which has been seized. However, the above KRW 400,000 shall not be deemed to fall under any of the subparagraphs of Article 48 (1) of the Criminal Act, and such confiscation shall not be made.]

Reasons for sentencing

1. Defendant 1

[Extent of Recommendation] Class I (Habitual Injury, Bodi Bodily Injury, Bodily Injury, Special Injury) Reduction Area (1st June to June) of the Act on the Reduction Area (1st June to June)

[Special Mitigation] Ad hoc Inspector

* The crime of violation of the Punishment of Violences, etc. Act (joint coercion) is not an offense subject to the sentencing guidelines, and only the lowest limit of the recommended punishment shall apply.

[Determination of Sentence] Imprisonment with prison labor of one year and six months

In light of the fact that the defendant is against and led to confession, and that the victim does not want the punishment of the defendant by mutual agreement with the victims, etc., the circumstances favorable to the defendant were considered. However, even though the defendant had already been punished more than twice for the same kind of crime, he again committed the crime of this case during the period of repeated crime, and there is a high possibility of criticism against the defendant. Therefore, the defendant should be sentenced to the punishment as above.

2. Defendant 2

[Extent of Recommendation] General Injury> Types 1 (General Injury) (Inflicting), Reduction Area (2-1 year)

[Special Mitigation] Ad hoc Inspector

* The crime of violation of the Punishment of Violences, etc. Act (joint coercion) is not an offense subject to the sentencing guidelines, and only the lowest limit of the recommended punishment shall apply.

[Determination of Sentence] 8 months of imprisonment and 2 years of suspended execution

Comprehensively taking into account the following factors: (a) the Defendant’s confession and confession; (b) the Defendant has no criminal record more than a suspended sentence; (c) the victims do not want the Defendant’s punishment by mutual agreement with the victims; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the conditions of all the sentencing specified in the records and arguments, such as the circumstances after

[Attachment]

Judges Ansan-young