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(영문) 광주지방법원 2016.08.24 2016고단2516

폭력행위등처벌에관한법률위반(공동폭행)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around April 9, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint assault) with C, and around 01:50 on April 9, 2016, the Defendant came to have a dispute over the Victim F ( South, 22 years old) who is an employee and the issue of business hours in Gwangju Mine-gu, with C.

Accordingly, the defendant was tightly pushed the victim's body part once by the two descendants, and C was tightly pushed the victim's body part twice by the two descendants.

Accordingly, the defendant committed violence to the victim jointly with C.

2. When the Defendant, together with C, was in a dispute with the Victim F for the same reason at the time and place described in paragraph 1, for the same reason, the Defendant was off, and the Defendant was “(s) to be discharged from the Defendant;

Dog, “Igre”, and C also, “Igreed to be C:

The victim interfered with the victim's bowlinging place business by force by avoiding the disturbance, such as a great voice, and allowing the customers who had a bowling in the bowling place to take out of the bowling place.

3. For the same reason at the date and time and place described in paragraph 1, the Defendant damaged the property by breaking any fire that could not be identified in the market price on the part of the Victim F, while having brought about a dispute with the Victim F with the said victim for the same reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer against the defendant or C;

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

1. Application of the Acts and subordinate statutes to the complaint;

1. Selection of imprisonment with prison labor, in accordance with Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault), Article 314 (1), Article 314 (1), Article 30 (1), and Article 366 of the Criminal Act, as to the crime;

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. One of the grounds for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the grounds for sentencing as set forth below) is the mitigated area (one month to eight months) of the mitigation area (one of the types of assault (a general assault) (one of the grounds for sentencing).