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(영문) 대전지방법원 2018.07.19 2017고단1569
폭행등
Text

1. Defendant A shall be punished by imprisonment for eight months.

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

Reasons

Punishment of the crime

"2017 Highest 4009 - Defendants A and B are people who live in the area where they are discharged from active service, etc. without a certain dwelling and occupation.

Defendants were on August 19, 2017, around 12:30 around Dong-gu, Daejeon-gu, Daejeon-ro 215 (Ha Dong-dong), the victim D(53) (53) who had performed drinking at the place of discharge.

In E, I would like to take the victim's face, take the victim's face by hand, take the victim's face by hand, and Defendant B also takes the victim's face by hand.

Accordingly, the Defendants jointly assaulted the victim.

From March 24, 2018 to the center of Daejeon Dong-gu, Daejeon Special Metropolitan City on March 24, 2018, Defendant A expressed a victim’s desire to engage in drinking with FF ( South, 35 years of age), and assaulted the victim by drinking three times his face face.

Summary of Evidence

[2017 Highest 4009]

1. The defendant B's partial statement

1. Each legal statement of witness D, G, E, and H (Provided, That witness E and H are partial statements);

1. On-site photographs [The Defendants and their defense counsels asserted that the Defendants did not assault the victim D at the time of the instant case. However, according to the evidence duly adopted and examined by this court, the Defendants jointly committed assault against the victim D as stated in the facts constituting the instant case’s crime.

Therefore, we cannot accept the Defendants’ and their defense counsels’ above assertion.

[2018 Highest 1347]

1. Defendant A’s legal statement

1. A statement prepared by the F;

1. Application of statutes on site photographs;

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 (the point of joint assault) and Article 260(1) of the Criminal Act (the point of joint assault) and each choice of imprisonment with prison labor

B. Defendant B: Punishment of violence, etc.

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