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(영문) 서울북부지방법원 2016.05.26 2016고단1028
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for eight months.

However, the Defendants’ imprisonment for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants: (a) around 01:00 on February 14, 2016, around 01:0, when they were making alcohol together in “E” located in Seoul Special Metropolitan City, Nowon-gu, the Defendants: (b) held that the Victim F (45) who is the customer of Hop’s house; (c) G heading off the door, and (d) Defendant B her heading and her heading on the door, thereby gathering

Si expenses was febed.

The Defendants expressed a serious desire to the victim G who is the victim F in the cresh in which the victim F was locked, and Defendant A got the victim G, etc. into the victim G.

In this case, Defendant A, by hand, took 112 the victim’s face with breath, 3 times the victim’s face with drinking, Defendant B, her hand, her bomb, her bomb with her hand, and Defendant A received six times the victim’s face with her bomb.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the law stated in F and G of the police interrogation protocol to the Defendants

1. Article 2(2)1 of the Punishment of Violences, etc. Act as to the crime and Article 260(1) of the Criminal Act (the choice of imprisonment with labor for the defendants)

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment provided for in the part of joint assault against victims F, of serious circumstances)

1. The Defendants’ reason for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances among the reasons for sentencing) are against the Defendants’ wrongness, and the fact that an agreement was reached between the victim G and the victim G is favorable.

However, there was both vision.

In the meantime, there was no agreement with the victim F, and the Defendants had been punished for violent crimes on several occasions before the instant case (see, e.g., written reply to the Defendants’ respective inquiries). In light of the Defendants’ past records and the instant crime, there is room for recidivism.

The Defendants shall be punished by imprisonment at this time, but Defendant A shall be punished by imprisonment.

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