logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.11.10 2016고단2434
폭력행위등처벌에관한법률위반(공동폭행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 5, 2015, at around 23:10 on March 5, 2015, the Defendant drinked with F at the main point of “E” in the operation of the victim D (n, 55 years of age) located under C underground of Gangseo-gu Seoul, Gangnam-gu, Seoul, with F, and the Defendant her drinking together with F. The Defendant her drinking to the victim D, who she was her drinking from the victim G (57 years of age) due to the victim’s frighting her face, she was her her fright, and her fright at the right side of the victim G with his her hand, and her walked with the victim’s left side and the right side of the victim G, and she was her frighted with the victim’s her son, who took part in the above Defendant’s assault, and she was her her knee at the right side of the victim’s horse, and she was her her her her knee.

Accordingly, the defendant assaulted victims jointly with F.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the suspect examination of the accused or F by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to H, G, and D;

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)1 of the Criminal Act; Article 260(1) of the Criminal Act; the choice of imprisonment with labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Standard for sentencing grounds under Article 62 (1) of the Criminal Act for suspended sentence;

(a) The basic area (two months to October) of the crime of assault to victims H; and

(b) Joint assaulting victims G [the scope of recommending punishment] assaulting crimes of category 1 (General Violence) (one to eight months) (Special Mitigation) and no penalty surcharge is imposed against victims G;

C. The range of final sentence due to the mitigation area (i.e., month or August) of category 1 (ii) (i.e., special mitigation area) (ii) of mitigation area (i.e., special mitigation), the aggravation of punishment for multiple offenders: 2 months to April 20.

arrow