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(영문) 서울중앙지방법원 2018.05.31 2017고단5683
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants were able to work together as a group of violent crime groups in the influent region, and the victim F(37) is a part of the violent crime group of the Defendants.

On October 6, 2016, at around 06:48, the Defendants continued to take a time room for the Defendants, such as drinking alcohol with the victim at the “H” restaurant located in Gangnam-gu Seoul Metropolitan Government G, and the victims collected a stop box from the Defendant’s friendship I who was in the presence of the Defendants. However, the Defendants did not comply with the request, thereby leaving the restaurant.

이어 피고인들은 위 식당 앞 도로에서, 피고인 B가 피해자의 등을 잡고 있는 상태에서 피고인 A은 오른 주먹으로 피해자의 얼굴을 때리고, 피해자가 I에게 다가가려 하자 피고인들은 피해자의 멱살을 잡아 밀고, 피고인 A이 주먹으로 피해자의 얼굴을 때리고, 피고인 B는 이에 가세하여 오른 무릎으로 피해자의 다리를 찼다.

The victim continued to move to I, the defendants moved the victim to the front of the neighboring building, and the victim's face he sited as a drinking by the defendant A.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. 112 A list of reported cases;

1. A report on internal investigation (an on-site CCTV investigation of lighting staff A, etc. related to violence incidents);

1. Application of CCTV Acts and subordinate statutes;

1. The Defendants of relevant legal provisions regarding criminal facts: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and the choice of imprisonment, respectively.

1. Defendants on probation: The reasons for sentencing of Article 62(1) of the Criminal Act [the scope of recommendations] The mitigated area (one month to eight months) of the mitigated area (one month), the punishment is not permissible (including a person who has been specially mitigated), or the damage has been restored to a considerable part of the mitigated area (the decision of sentence]; the same criminal records are several times against the Defendants; and the Defendants are the same criminal records.

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