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(영문) 제주지방법원 2015.07.22 2014고단501
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Defendant C, D, E, F, G, H, and I are all persons who enter the Republic of Korea with Vietnam's nationality.

Defendant

In addition, at around 19:05 on September 20, 2013, C, E, G, H, and I stated that the victim F (23 years of age) assaulted K in front of the J building in Seocho-si, the victim F (23 years of age) caused an injury, and the victim F, who walked on India, used the victim F on the floor when E is drinking, and f, used the victim F on the floor when E is c, G, H, and I followed the body of the victim F.

While the Defendant and C were assaulted, the victim D (the age of 25) was able to use the blick belt, which is a dangerous object, as his hand, and C was able to use the blick belt, which is a dangerous object, and then the Defendant used the blick belt, which is a dangerous object, as his hand, and blicked the head and body of the victim.

As a result, the Defendant, in collaboration with C, E, G, H, and I, assaulted the Victim F, and jointly with C, carried dangerous objects with C, and inflicted injury on the victim D, which requires approximately eight weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol (an interpretation protocol) of H, G, I, and C;

1. Each police statement on D, L, M, or N;

1. Other closure photographs, photographs and related photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act (the point of joint assault and the choice of imprisonment), Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of personal injury of dangerous articles);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentencing guidelines for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (i) the scope of recommendation, sentence, and sentence [a] the violent crime group, the assault crime, the first category (general assault), the basic area (two months to ten months of imprisonment), and the second category violent crime group.

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