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(영문) 수원지방법원 안양지원 2018.11.20 2017고단2088
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2017, the Defendant, jointly with B, assaulted the victim D (36 years of age) who operated puncing machine games and the victim’s face by drinking franchising with B on September 28, 2017, in front of the camping field practice site located in Sinpo-si, Sinpo-si on September 22:15, 2017.

On September 23, 2017, at around 22:45, the Defendant 252 jointly with B, and around 1st century, the Gunposium 27 located in the Gunposium in the Gunposium in the Gunposium in the Gunposium in around 22:45 on September 23, 2017, the Defendant saw to listen to the bath of the victim E (37 years of age) who had drinking together, and the Defendant saw the victim’s face and body by pusheding the victim’s breast, drinking and drinking, and drinking with the victim’s hair, and the Defendant saw the victim’s head and body by drinking and smoking.

Summary of Evidence

"2017 Highest 2088"

1. Statement by the defendant in court;

1. Some statements made concerning B in the protocol concerning the interrogation of suspect; and

1. Statement made by the police with D "2018 Highest 252";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to two months from one year and three months;

(a) A crime No. 1 [the scope of a recommended sentence] general injury (the scope of a recommended sentence] where the mitigated area (two months to ten months) [the person who has been specially mitigated] the punishment not for the punishment (including serious efforts to recover damage), or considerable damage has been recovered;

B. The basic area of the crime No. 2 [the scope of the recommended punishment] No. 1 (general assault) is the basic area (2 months to October).

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