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(영문) 수원지방법원 안산지원 2018.07.20 2018고단1379
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

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

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

Reasons

Punishment of the crime

1. On April 27, 2017, Defendant B’s special injury: (a) reported that the issue of wage between Defendant A and the victim F (60) was raised from “E main store located D” at the time of light lighting around April 27, 2017; and (b) reported the victim’s disease, which is a dangerous object, the victim’s head was two times, and the victim’s head was required to receive approximately three weeks of medical treatment.

2. The Defendants jointly committed the crime at the above date and time, and at the above place, were assaulted by Defendant B to sit in the victim. Defendant A was satisfing the victim’s face by satisfing the victim’s shoulder, and Defendant B continued to have the victim out of the victim, and assaulted the victim’s face and body at the time when the victim’s body was taken out.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the interrogation of suspect with respect to F;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to pictures of the scene of a spawn and of damaged parts of a disease;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and Article 260(1) of the Criminal Act, the choice of imprisonment (number of persons with the same kind of violence, the details of the crime, and the attitude of the act, etc.);

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Articles 258-2(1) and 257(1) of the Criminal Act (the point of special injury) and the choice of imprisonment with prison labor

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Reduction of volume (Defendant B) Articles 53 and 55(1)3 of the Criminal Act (see, e.g., the facts charged and the agreement with the victim);

1. Article 62 (1) of the Criminal Act (including the confession, the fact that there is no record of punishment exceeding the fine, and the fact that the victim agreed with the victim, etc.);

1. It is so decided as per Disposition by the assent of all participating Justices on the observation of protection (the Defendants) for more than 62-2 of the Criminal Act.

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