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(영문) 인천지방법원 2013.11.28 2013고단6052
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

On December 12, 2011, A was sentenced to a fine of KRW 1.5 million by assault at the Incheon District Court on three occasions, and Defendant B was sentenced to a fine of KRW 500,000 by the Incheon District Court on September 28, 201, and was sentenced to a fine of KRW 500,000 for the crime of injury at ten times.

At around 00:25 on September 12, 2013, the Defendants: (a) sent the victim G (52 years of age) who was an employee of the above drinking point to urge the victim to pay the credit amount in the stage, and (b) on the ground that the victim’s sexual injury was bad before the victim’s sexual injury, at around 00:25, the Defendants: (c) sent the victim’s bath theory that “F” in the operation of the E in Nam-gu Incheon Metropolitan City, Nam-gu; (d) followed the victim to take the victim’s hair and flick, and (e) took the victim’s hair and flick, and (e) took out the victim’s hair and flick, and (e) took out the victim’s hair and flick, and (e) reported the victim’s sexual injury to the victim, and (e) took out the victim’s sexual injury to the victim, and (e) the Defendant B escaped and reported the escape to the victim.

Accordingly, the Defendants jointly assaulted the victim as above.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the scene and photographs of victims;

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, the choice of imprisonment with prison labor, and the choice of a criminal sentence

1. Defendants on probation: Article 62(1) of the Criminal Act

1. The Defendants of the community service order: (a) there are unfavorable circumstances such as the reason for sentencing under Article 62-2 of the Criminal Act, the background and content of the instant crime, the circumstances before and after the commission of the crime, and the fact that all the Defendants could have been punished for the same kind of violent crime; (b) however, the Defendants are all waiting for the instant crime.

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