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(영문) 의정부지방법원 2017.02.09 2016고합292 (1)
자동차불법사용등
Text

A defendant shall be punished by imprisonment for four months.

Provided, That the execution of the above punishment shall be suspended for two years from the date the above judgment becomes final.

Reasons

Punishment of the crime

On May 15, 2016, at around 04:40, the Defendant and C expressed a bath for the victim F (20 years of age) and the victim G (20 years of age) to be bad, before the “E cafeteria” located in Guri-si, Guri-si on May 15, 2016, on the ground that the victim F (20 years of age) and the victim G (20 years of age) were to be bad, C was pushed back with the victim F’s chest by hand, booming the f’s chest, booming the f’s face, and drinking, and the Defendant exceeded the f’s face, and f’s face was taken five times in drinking.

Accordingly, the defendant and C jointly assaulted the victim F as above, and put the victim G with an internal eye that requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to G;

1. A written statement of G and F;

1. A written diagnosis of injury;

1. Voluntary accompanying reports, investigation reports, and application of the Acts and subordinate statutes governing internal investigation reports;

1. Relevant Article 2(2)1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 2(2)1 of the Criminal Act, Article 260(1) of the Criminal Act (the point of joint assault, the choice of imprisonment with labor), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint bodily injury, the choice of imprisonment with labor)

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Punishment of Violences, etc. Act with heavy punishment)

1. Reasons for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (the following sentencing is favorable for the reasons)

1. The scope of punishment by law: Imprisonment with prison labor for not more than 13 years and not more than 6 months;

2. Not applying the sentencing criteria: Juvenile offenders; and

3. Determination of sentence: The crime in this case for four months of imprisonment and two years of suspended sentence shall be committed jointly with C, and the crime in this case for which the defendant assaulted the victim F and inflicted an injury on G, and the nature of the crime is not good, and the defendant shall take juvenile protective disposition several times by committing a violation of the Punishment of Violences, etc. Act (joint injury), a special larceny, etc.

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