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(영문) 서울남부지방법원 2019.05.09 2019고단610
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for four months.

However, it is against the Defendants for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 21, 2018, at around 00:43, the Defendants jointly and severally requested D in Geumcheon-gu Seoul Metropolitan Government, that the victim E (the age of 58) would turn on the way to the Defendant B, who obstructed the passage, used the victim’s face, and Defendant A her flicked with the victim’s face, and her flicked with the Defendant B. Defendant A continued to commit assaulting the victim by taking part in the victim’s face and flating the flat. Defendant A flatd the victim’s head by taking part in the victim’s head head, taking part in the victim’s flat, making the victim’s head, and combining the victim’s face and flat with the Defendant B.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of the E-Written statements, victim photographs and investigation reports (D CCTV perusal and analysis)-related Acts and subordinate statutes;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. Suspension of execution (the defendants) Article 62 (1) of the Criminal Act (the conditions favorable to the reasons for sentencing below);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Extent of recommendation [decision of types] according to the sentencing criteria for violent crimes: Violence crimes [Class 1] general assault [Special Punishment]: Reduction element: Reduction area of punishment not [Recommendation Area and Recommendation range], mitigation area of punishment, imprisonment with labor for one month through eight months;

2. According to the sentence decisions, the sentence shall be determined in full view of the circumstances leading to the commission of the crime, the degree and result of damage, the circumstances before and after the commission of the crime, and other various circumstances, including the Defendants’ age, character and conduct, environment, and criminal records, and the conditions of sentencing as shown in the records and arguments of the instant case.

The defendants are subject to criminal punishment for crimes related to violence.

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