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[Defendant A] The defendant shall be punished by imprisonment for six months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The Defendants are victims D (ma, 20 years old) and Ne-Ne-ray death.
1. 피고인 A, C 피고인 A은 2019. 10. 6. 21:00경 대구 수성구 E모텔 F호에서, 피해자의 지인 G이 여자들을 추행하고 다닌다는 소문을 듣고 피해자를 통해 G을 불러내고자 하였으나 피해자가 G을 데리고 오지 않았다는 이유로 주먹으로 피해자의 가슴을 수회 때리고, 그 곳 욕실 샤워부스 위에 설치되어 있던 위험한 물건인 쇠봉으로 피해자의 엉덩이를 약 10회 내리치고, 피고인 C는 이에 합세하여 주먹으로 피해자의 등을 1회 때리고 발로 피해자의 엉덩이를 1회 걷어 찼다.
As a result, Defendant A assaulted the victim by carrying dangerous articles and at the same time, Defendant C assaulted the victim jointly with C, and Defendant C assaulted the victim jointly with A.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of each investigation report on police statements to D and H, and application of on-site photograph Acts and subordinate statutes;
1. Article applicable to criminal facts;
(a) Defendant A: Articles 261 and 260(1) of the Criminal Act (the point of special violence), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence);
B. Defendant C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act
1. Articles 40 and 50 of the Criminal Act (Defendant A) of the ordinary concurrences (the punishment of imprisonment with prison labor for Defendant A and the fine for Defendant C, respectively;
1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (Defendant C);
1. Article 62 (1) of the Criminal Act (Defendant A);
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant C) (hereinafter “Defendant A”), taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case, shall be determined as ordered.
Unfavorable circumstances: